Calvillo v. Commonwealth

Opinion

WILLIS, J.

On appeal from his conviction of possession of cocaine, pursuant to Code § 18.2-250, Jose Socorro Calvillo contends that the trial court erred in refusing to dismiss the charge pursuant to Code § 18.2-251. Under the circumstances of this case, we agree. We reverse the conviction and order the charge dismissed.

On March 19, 1992, pursuant to a plea agreement, Calvillo pled guilty to possession of cocaine. The plea agreement provided as follows: “[T]he appropriate disposition in [the possession of cocaine charge] is a disposition pursuant to Code § 18.2-251, whereby the case…