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UPCHURCH v. COM.

Record No. 2969-98-1.

521 S.E.2d 290 (1999)

31 Va. App. 48

Joseph Robert UPCHURCH, s/k/a Joseph Robert Upchurch, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

November 23, 1999.

Attorney(s) appearing for the Case

(Robert W. Lawrence; Beale & Lawrence, Newport News, on brief), for appellant. Appellant submitting on brief.

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

Present: WILLIS, LEMONS and FRANK, JJ.

LEMONS, Judge.

In a bench trial, Joseph Robert Upchurch, Jr. was convicted of possession of cocaine in violation of Code § 18.2-250. At the conclusion of the Commonwealth's case-in-chief, Upchurch moved "to strike the evidence on the grounds that there had been no probable cause for the arrest." Upchurch concedes that his motion was essentially a motion to suppress the evidence but contends that the trial court erred...

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