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KELSON v. COM.

Record No. 1847-03-2.

604 S.E.2d 98 (2004)

44 Va. App. 170

Sharron KELSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

October 26, 2004.

Attorney(s) appearing for the Case

John B. Mann (Levit & Mann, P.C., on brief), Richmond, for appellant.

Michael T. Judge, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., ELDER and BUMGARDNER, JJ.

ELDER, Judge.

Sharron Kelson (appellant) appeals from his conviction, entered upon his conditional plea of guilty, for possession of cocaine with intent to distribute pursuant to Code § 18.2-248. The cocaine was found when appellant was searched while in jail for a trespassing offense. On appeal, appellant contends this Court's reasoning in Hicks v. Commonwealth, 36 Va.App. 49, 548 S.E.2d 249

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