ERVIN v. COM.

Record No. 0861-09-1.

704 S.E.2d 135 (2011)

57 Va. App. 495

Samuel A. ERVIN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

January 25, 2011.


Attorney(s) appearing for the Case

Gregory K. Matthews , Portsmouth, ( Jessica M. Bulos ; Office of the Public Defender, on brief), for appellant.

Jennifer C. Williamson , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: FELTON, C.J., and ELDER, FRANK, HUMPHREYS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES, POWELL and ALSTON, JJ.


UPON A REHEARING EN BANC.

BEALES, Judge.

Samuel A. Ervin (appellant) was convicted of possession of marijuana with intent to distribute, in violation of Code § 18.2-248.1.1 Appellant argues on appeal that the evidence at trial was insufficient to prove beyond a reasonable doubt 1) that he constructively possessed the marijuana with knowledge of its nature and character and 2) that...

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