Cooper v. Commonwealth

UPON A REHEARING EN BANC

ANNUNZIATA, Judge.

On June 15, 1999, a panel of this Court affirmed Patrick Sean Cooper’s conviction of possession of an imitation controlled substance with intent to distribute. See Cooper v. Commonwealth, 30 Va.App. 26, 515 S.E.2d 320 (1999). On June 25,1999, we granted Cooper’s petition for a rehearing en banc. Upon rehearing en banc, we reverse the conviction.

On appeal, Cooper argues that the trial court erred in admitting other crimes evidence and that the evidence was insufficient to prove he intended to distribute the substance. We agree.

We view the evidence in…