Smith v. Commonwealth

Opinion

BENTON, J.

Calvin Smith was convicted of attempted possession of cocaine. He contends that the evidence was insufficient to support the conviction. For the reasons that follow, we reverse the conviction.

I

The evidence proved that a police officer dressed in plain clothes walked along a street in the City of Virginia Beach at 10:20 p.m. posing as a street level drug dealer. The officer had in his possession macadamia nuts that he said were “cut to resemble crack cocaine.” When an automobile driven by Smith slowly approached the officer, the officer walked to the passenger side window and…