Cason v. Commonwealth

ELDER, Judge.

Shannon Detrick Cason (appellant) appeals from his jury trial convictions for one count each of statutory burglary, possession of burglary tools, and grand larceny. On appeal, he contends the trial court erroneously denied his motion to suppress items seized during a search of his moped. He argues no evidence established that, at the time of his arrest, he had been a “recent occupant” of the moped, as required to justify a warrantless search of the moped incident to arrest. We hold that the circumstantial evidence was sufficient to establish appellant’s “recent occupancy” of the…