Summary
adopting the opinion of the Court of Appeals
Summary of this case from Vasquez v. CommonwealthOpinion
Record No. 030081.
October 31, 2003.
Present: Hassell, C.J., Lacy, Keenan, Koontz, and Lemons, JJ., and Carrico and Stephenson, S.JJ.
In defendant's criminal prosecution, the trial court refused to dismiss the indictment on double jeopardy grounds, and declined to disqualify a special prosecutor. Motions to dismiss and quash the indictment were also denied. After the jury found the defendant guilty, the trial judge denied a motion to set aside the jury verdict on the ground that the evidence was insufficient as a matter of law. The Court of Appeals affirmed the judgment of conviction in a reported decision. This appeal followed.
1. For the reasons stated in the opinion of the Court of Appeals reported in 39 Va. App. 342, 573 S.E.2d 272 (2002), that court's judgment is affirmed.
Appeal from a judgment of the Court of Appeals of Virginia.
Affirmed.
Gerald L. Gray ( Robert M. Galumbeck; Dudley, Galumbeck, Necessary and Dennis, on brief), for appellant.
John H. McLees, Senior Assistant Attorney General ( Jerry W. Kilgore, Attorney General, on brief), for appellee.
We granted the petition for appeal in this case to consider whether the Court of Appeals erred in ruling that the trial court did not err in (1) failing to dismiss the indictment on double jeopardy grounds, (2) failing to disqualify the special prosecutor and to dismiss and quash the indictment, and (3) failing to set aside the jury verdict because the evidence was insufficient as a matter of law.
We have considered the questions, and, for the reasons stated in the opinion of the Court of Appeals reported in 39 Va. App. 342, 573 S.E.2d 272 (2002), we will affirm its judgment.
Affirmed.