FORTUNE v. COM.

Record No. 1523-89-2.

406 S.E.2d 47 (1991)

Todd Boylan FORTUNE, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 11, 1991.


Attorney(s) appearing for the Case

Conrad C. Lewane, Richmond, for appellant.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BENTON and COLE, JJ.


BENTON, Judge.

Todd Boylan Fortune, Jr., was convicted at a bench trial for robbery, possession of a firearm during the course of a robbery, and conspiracy to distribute cocaine. His appeal raises two issues: (1) whether an accused may be convicted under Code § 18.2-256 for conspiring to distribute cocaine with a police officer and the officer's confidential informant and (2) whether the trial judge abused discretion in sentencing Fortune. We reverse the conspiracy...

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