CHERRY v. COM.

Record No. 2439-03-1.

605 S.E.2d 297 (2004)

44 Va. App. 347

Carlton Harden CHERRY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

November 23, 2004.


Attorney(s) appearing for the Case

Joseph R. Winston, Special Appellate Counsel (Felipita Athanas; Indigent Defense Commission, on briefs), for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

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


LARRY G. ELDER, Judge.

Carlton Harden Cherry (appellant) appeals from his bench trial conviction for possession of cocaine. On appeal, he contends the trial court erroneously admitted into evidence the cocaine providing the basis for his arrest and conviction because it was discovered pursuant to a warrantless entry of his residence. We hold that when an officer comes to the door of a residence to investigate a non-drug-related crime, smells the odor of burning marijuana...

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