White v. Com.

OPINION BY Senior Justice HARRY L. CARRICO.

This appeal involves Virginia's first-offender statute, Code § 18.2-251, and the issue is whether the Court of Appeals erred when it affirmed the circuit court's judgment revoking the first-offender status of the defendant, Valerie R. White, and convicting her of the possession of cocaine, the underlying offense with which she was charged. Finding that the Court of Appeals did err, we will reverse its judgment.

Code § 18.2-251 provides in pertinent part as follows:

Whenever any person who has not previously been convicted of any offense under this…