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RUPLENAS v. COM.

Record Nos. 800594, 800551 and 800910.

275 S.E.2d 628 (1981)

David RUPLENAS v. COMMONWEALTH of Virginia. Wayne TRUNFIO v. COMMONWEALTH of Virginia. Roy Lynwood HAIRSTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 6, 1981.

Attorney(s) appearing for the Case

Robert C. Whitestone, Fairfax (Whitestone, Rodway, Phillips & Brent, P. C., Fairfax, on brief), for appellant in Record No. 800551.

Robert H. Anderson, III, Asst. Atty. Gen., (Marshall Coleman, Atty. Gen., on brief), for appellee, in Record Nos. 800551 and 800594.

John M. DiJoseph, Falls Church, for appellant in Record No. 800594.

J. Randolph Parker, Charlottesville (John C. Lowe, J. Lloyd Snook, III, Lowe & Gordon, Ltd., Tucker & Coles, P. C., Charlottesville, on brief), for appellant in Record No. 800910.

Vera S. Warthen, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee, in Record No. 800910.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

THOMPSON, Justice.

Preliminary Statement.

Each of these appeals from marijuana convictions involves a single issue, viz., whether the penalties provided by Code § 18.2-248.1 must be applied to offenses occurring prior to the effective date of the statute (July 1, 1979), when trial and sentencing occurred after the effective date. Although these cases were tried separately in the courts below, and the evidence was not identical, a construction...

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