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BIRDSONG v. COM.

Record No. 0516-01-2.

560 S.E.2d 468 (2002)

37 Va. App. 603

Charles Anthony BIRDSONG v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

March 12, 2002.

Attorney(s) appearing for the Case

David M. Gammino, Richmond, for appellant.

Stephen R. McCullough, Assistant Attorney General (Randolph A. Beales, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and ANNUNZIATA, J., and COLEMAN, Senior Judge.

FITZPATRICK, Chief Judge.

Charles Anthony Birdsong (appellant) was convicted in a bench trial of possession of cocaine with intent to distribute, in violation of Code § 18.2-248, and possession of a firearm while in possession of cocaine, in violation of Code § 18.2-308.4. On appeal, he contends that the evidence was insufficient to prove he constructively possessed the drugs and gun which were found in a locked safe. For the following reasons, we affirm...

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