Spence v. Commonwealth

Opinion

MOON, J.

Gregory Lynn Spence was convicted of four counts of distribution of cocaine. Here, we hold that the trial court erred in refusing to grant Spence’s motion to sever the four counts of his indictment and try each offense separately pursuant to Rule 3A: 10(b).

Virginia State Trooper Oliver Johnson, while conducting an undercover narcotics investigation in Accomack County, Virginia, encountered the appellant, Gregory Lynn Spence, in an area known as Whitesville. Trooper Johnson concentrated his investigation in the vicinity of a pool hall, parking lot and public dumpster where…