 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Servis v. Commonwealth7/5/1988
ly analogous to that in Cabbler to pass constitutional muster. Officer Farmer testified that he had the car towed pursuant to standard police procedure. He further stated that had the Kings Quarters Motel taken responsibility for the car, he would not have taken custody of it, nor would he have taken custody of it if someone else had been immediately available to assume responsibility for it. Further, the defendant did not object to the impoundment or suggest any other disposition.
Officer Farmer's decision to impound the defendant's car was reasonable under the totality of the circumstances. Although the car was registered to the rooms under someone else's name, the defendant had the key and claimed ownership, and the officers had observed him exercising dominion and control over it. Although the car was lawfully parked on the motel premises until eleven o'clock that morning, it was uncertain whether the defendant would be processed and released before that time. Further, the motel clerk asked that it be removed. Under these circumstances, we find that the impoundment of the defendant's car was reasonable. Consequently, the car was lawfully impounded and the inventory search pursuant to standard police procedure was valid.
IV.
(12) Finally, although the defendant admits possession of marijuana and cocaine, he maintains that the evidence was insufficient to establish an intent to distribute either cocaine or marijuana. In passing on the sufficiency of the evidence, we are guided by well-established principles:
On appeal, we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. The judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict and will not be set aside unless it appears from the evidence that the judgment is plainly wrong
or without evidence to support it.
Martin v. Commonwealth, 4 Va. App. 438, 443, 358 S.E.2d 415, 418 (1987).
(13) Where an offense consists of an act combined with a particular intent, proof of the intent is essential to the conviction. Patterson v. Commonwealth, 215 Va. 698, 699, 213 S.E.2d 752, 753 (1975). Because direct proof of intent is often impossible, it must be shown by circumstantial evidence. But " here... the Commonwealth's evidence of intent to distribute is wholly circumstantial, 'all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence.'" Wells v. Commonwealth, 2 Va. App. 549, 551, 347 S.E.2d 139, 140 (1986) (quoting Inge v. Commonwealth, 217 Va. 360, 366, 228 S.E.2d 563, 567 (1976)).
(14) "The quantity of a controlled substance is a factor which may indicate the purpose for which it is possessed. Possession of a small quantity creates an inference that the drug is for personal use." Monroe v. Commonwealth, 4 Va. App. 154, 156, 355 S.E.2d 336, 337 (1987). Possession of a small quantity of a controlled substance, however, when considered with other circumstances, may be sufficient to establish an intent to distribute. Dutton v. Commonwealth, 220 Va. 762, 765, 263 S.E.2d 52, 54 (1980).
(15) The method of packaging of the controlled substance is such a circumstance. Monroe, 4 Va. App. at 156, 355 S.E.2d at 337.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Virginia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|