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ASKEW v. COM.

Record No. 0079-02-1.

578 S.E.2d 58 (2003)

40 Va. App. 104

Gerry Carlton ASKEW, v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

March 18, 2003.

Attorney(s) appearing for the Case

S. Jane Chittom, Appellate Defender (Public Defender Commission, on briefs), for appellant.

Stephen R. McCullough, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: Judges BENTON, ELDER and Senior Judge COLEMAN.

COLEMAN, Judge.

Gerry Carlton Askew appeals his bench trial conviction for possession of cocaine with the intent to distribute in violation of Code § 18.2-248. The sole issue on appeal is whether the evidence is sufficient to support a finding that appellant intended to distribute the cocaine. He posits that the only proven fact which the court could have relied upon to support the finding that he intended to distribute cocaine was that he possessed 7.36 grams...

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