COMPTON, Justice.
In March 1989, defendant James Patrick Carson was sentenced to confinement in the penitentiary, and to a fine, upon conviction by the trial court, sitting without a jury, of possession of cocaine and marijuana, both with intent to distribute. Subsequently, a panel of the Court of Appeals, with one judge dissenting, affirmed the convictions. Carson v. Commonwealth, 12 Va.App. 497,
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