Goode v. Commonwealth – July 21, 2009

Goode contends the evidence was insufficient to prove he knowingly and intentionally possessed cocaine.

Around midnight, an officer saw a minivan parked in a bank parking lot. The two occupants said they were the only occupants of the van. The officer searched the bank perimeter and found Goode hiding behind a tree. The officer took Goode into custody and found a crack pipe approximately ten to fifteen feet from where he had been hiding.

Goode testified in his defense. He stated he hid because he did not want to be arrested for trespassing. Goode denied possession of the crack pipe. The trial court expressly found Goode’s testimony to be incredible.

In a one-judge order, CAV concluded the evidence was sufficient to prove Goode knowingly and intentionally possessed the cocaine residue found in the crack pipe, citing Goode’s “suspicious conduct of hiding, the location and time of the incident, and [Goode's] proximity to the crack pipe.”

From
The Court of Appeals of Virginia (one-judge order)

Counsel
Anastasia K. Jones for appellant.

Richard K. Cox (Office of the Commonwealth’s Attorney) for appellee.

Assignments of Error

1. The Court of Appeals erred in finding that there was sufficient evidence to prove beyond a reasonable doubt that Goode knowingly or intentionally possessed a Schedule II drug (cocaine) in violation of Virginia Code section 18.2-250(a).

Date Granted
7-16-2009