· 11/5/1996
Shears v. Commonwealth
Citations
- 477 S.E.2d 309
- 23 Va. App. 394
- 1996 Va. App. LEXIS 692
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that this Court gives due weight to \a trial court's finding that [an] officer was credible and [that the officer's] inference was reasonable\ (internal quotations omitted)
- finding that the defendant’s possession of cocaine at his residence and at an informant’s trailer constituted two possessory offenses
- affirming two convictions for possession of cocaine where the defendant had a small amount of the drug on his person for the “immediate distribution to a prospective buyer” and constructively possessed similar drugs elsewhere
- evidence of personal documents in same room as drugs and firearms is a circumstance to consider in finding constructive possession of drugs
- “The gravamen of the offense is clearly possession of the specified drug with the requisite intent. Thus, each distinguishable incident of the offending conduct constitutes a ‘unit of prosecution’ for violation of the statute.”
- two cocaine possession charges for two distinguishable incidents arising from a single criminal enterprise
Source: CourtListener parenthetical corpus (CC0).
Judges: Joseph E. Baker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.