argument continues, the imposition of consecutive sentences for those two crimes constitutes multiple punishments for the same offense, in violation of her right to be free from double jeopardy under the United States and Virginia Constitutions. Thus, she concludes, the trial court erred in failing to set aside the jury’s conspiracy verdict and dismiss the conspiracy charge. We disagree. As re doctrine does not bar the imposition of consecutive sentences for two crimes arising out of the same criminal act “unless ... the two punishments are ... for the same crime or one punishment is for a crime which is a lesser[-]included offense of the other.” Coleman, 261 Va. at 200, 539 S.E.2d at 734; see also Brown v. Ohio, 432 U.S. 161, 168, 97 S.Ct. 2221, 2226-27, 53 L.Ed.2d 187 (1977) (<HOLDING>). The test to be applied to determine whether
holding that court of appealss remedy on remand from reversal for harmful charge error based on failure to meet second step of rousseau lesserincludedoffense test was to remand for a retrial for the lesser offense  because the jurys verdict that the appellant was guilty of the lesserincluded offense  operates as an acquittal of the greater offense  to which jeopardy had attached this prevents a retrial for the greater offense but not for the lesser offense holding that where jury was instructed on both a greater offense and lesserincluded offense and the jury convicted on the lesserincluded offense the double jeopardy provision prohibited retrial on the greater offense holding that the greater offense is  by definition the same for purposes of double jeopardy as any lesser offense included in it recognizing that it is within  our power to direct entry of judgment on a lesser included offense when vacating a greater offense if the commission of the lesser offense can be established from facts that the jury actually found citations omitted holding that a lesser crime cannot be a lesser included offense of a greater crime if the lesser crime contains an essential element not included in the greater crime