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Rape Virginia Capital Murder Attorneys Chesterfield County

Rape Virginia Capital Murder Attorneys Chesterfield County

ANDRIA v. COMMONWEALTH OF VIRGINIA
Facts:

On September 9, 1988, Andria raped Dominica Harris in his apartment in the City of Richmond. He transported Ms. Harris to a location in Chesterfield County where he raped her a second time. He then struck her several times with a jack, cut her throat, and left her on the side of the road. Her jugular vein was severed, a potentially fatal wound. Andria was convicted in the Circuit Court of the City of Richmond of raping Ms. Harris. He was then convicted in the Circuit Court of Chesterfield County Virginia (second trial court) of attempted capital murder and rape. Defendant appealed, arguing double jeopardy.

Rape Virginia Capital Murder Attorneys Chesterfield County

Rape Virginia Capital Murder Attorneys

Issue:

Whether the prior conviction for rape bared the attempted capital murder prosecution?

Discussion:

The Court of Appeals en banc affirmed, holding that the prior conviction for rape did not bar the attempted capital murder prosecution since the prior conviction for rape was in another jurisdiction and the court before which he was tried for attempted capital murder did not have jurisdiction over the rape component of the offense. The court noted that under the general test for double jeopardy, where the same conduct constituted a violation of multiple statutes, multiple convictions under those statutes were allowed if each statute required proof of a fact the other did not. But that test allowed multiple prosecutions in the same trial. However the court also found that the aforementioned rules of jeopardy did not apply where no one court had jurisdiction over all the alleged crimes, the indictment charging the Richmond rape could be tried only in the Circuit Court of the City of Richmond. The indictment charging the attempted capital murder in Chesterfield could be tried only in the Circuit Court of Chesterfield County. No court had common jurisdiction over both charges. Thus, the jurisdictional exception applies to this case. Since the Circuit Court of the City of Richmond was without jurisdiction to try the charge of attempted capital murder, Andria was not put in jeopardy with respect to that charge when he was tried for rape in Richmond. Jeopardy with respect to that charge attached, first and solely, upon his trial in Chesterfield.

This court affirmed the Judgment of the trial court.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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