HASKINS v. COM.

Record No. 1423-98-1.

521 S.E.2d 777 (1999)

31 Va. App. 145

Marvin Walter HASKINS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

December 7, 1999.


Attorney(s) appearing for the Case

Gail Starling Marshall, Rapidan (Timothy S. Fisher; Overman & Cowardin, P.L.C., Newport News, on brief), for appellant.

Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and WILLIS and ANNUNZIATA, JJ.


FITZPATRICK, Chief Judge.

Marvin Walter Haskins (appellant) was convicted in a bench trial of possession of cocaine, in violation of Code § 18.2-250. On appeal, he argues the evidence was insufficient to prove that he constructively possessed the cocaine. For the following reasons, we reverse.

I.

Under familiar principles of appellate review, we examine the evidence in the light most favorable to the Commonwealth, the prevailing party below...

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