Towards the end of last month, a court of appeals in Virginia had to decide whether to reconsider a defendant’s guilty conviction for possession of methamphetamine. Originally, the defendant was charged and convicted after officers found drugs in the back of his truck; on appeal, he argued that the Commonwealth had not proven that he possessed ten grams of pure methamphetamine, which was required if the court was going to sentence him with as much time in prison as it did. Ultimately, the higher court agreed with the defendant and remanded the case for resentencing.
Facts of the Case
According to the opinion, the defendant was driving a blue pickup truck one evening when a police officer stopped him on the road. The defendant was carrying a motorcycle in the back of the truck, and the officer suspected the defendant might be stealing the motorcycle. The officer stopped the defendant, learned that the defendant did not have permission to take the motorcycle, and conducted an arrest.
A few minutes later, another officer arrived at the scene and found drug paraphernalia, drugs, and a pistol in the truck. The defendant was criminally charged with possession of methamphetamine with intent to sell, give, or distribute, along with possession of a firearm with intent to distribute.