GORHAM v. COM.

Record No. 1699-91-4.

426 S.E.2d 493 (1993)

Clifton Courtney GORHAM, a/k/a John Doe, a/k/a Cliff v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 9, 1993.


Attorney(s) appearing for the Case

Catherine S. Croft, Manassas, for appellant.

John H. McLees, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, COLEMAN and FITZPATRICK, JJ.


FITZPATRICK, Judge.

Clifton Courtney Gorham (appellant) appeals his misdemeanor conviction of distribution of marijuana in violation of Code § 18.2-248.1(a)(1). He argues that double jeopardy bars retrial on a lesser-included offense when conviction on the greater offense has been set aside by the trial court. We disagree and affirm the conviction.

BACKGROUND

The appellant was originally convicted in a jury trial of distribution of more than...

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