Cherry v. Commonwealth

BAKER, Judge.

Walter Lee Cherry (appellant) appeals from his bench trial conviction by the Circuit Court of the City of Virginia Beach (trial court) for possession of more than five pounds of marijuana with intent to distribute. Appellant entered a plea of *135guilty, conditioned upon his right to appeal the trial court’s refusal to suppress the evidence admitted as a result of a previous panel decision.1

Appellant concedes that the evidence presented at the trial from which this appeal emanates is the same as was before the trial court in the prior case. The record discloses that on November 6,…