Sharron Kelson v. Commonwealth

ELDER, Judge.

Sharron Kelson (appellant) appeals from his conviction, entered upon his conditional plea of guilty, for possession of cocaine with intent to distribute pursuant to Code § 18.2-248. The cocaine was found when appellant was searched while in jail for a trespassing offense. On appeal, appellant contends this Court’s reasoning in Hicks v. Commonwealth, 36 Va.App. 49, 548 S.E.2d 249 (2001) (en banc), aff'd in part and vacated in part, 264 Va. 48, 563 S.E.2d 674 (2002), rev’d, 539 U.S. 113, 123 S.Ct. 2191, 156 L.Ed.2d 148 (2003), although later rejected by the United States Supreme…