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SHARPE v. COM.

Record No. 2767-03-1.

605 S.E.2d 346 (2004)

44 Va. App. 448

Johnny B. SHARPE, s/k/a Johnny Bernard Sharpe v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

November 30, 2004.

Attorney(s) appearing for the Case

Daniel Paul Goode (Tabitha B. Anderson, Assistant Public Defender; Office of the Public Defender, on brief), for appellant.

Richard B. Smith, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

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

ELDER, Judge.

Johnny B. Sharpe (appellant) appeals from his bench trial conviction for possession of cocaine with intent to distribute in violation of Code § 18.2-248. On appeal, he contends the trial court erroneously concluded the warrantless, "no-knock" entry of the motel room in which he was sleeping did not violate the Fourth Amendment. We hold appellant failed to prove he had a reasonable expectation of privacy in the motel room and, thus, that he has no...

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