Commonwealth of Virginia v. Tyler Cannon Spain

COURT OF APPEALS OF VIRGINIA Present: Judges Frank, Haley and Powell Argued by teleconference COMMONWEALTH OF VIRGINIA MEMORANDUM OPINION ∗ BY v. Record No. 2193-10-1 JUDGE JAMES W. HALEY, JR. MARCH 28, 2011 TYLER CANNON SPAIN FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH Leslie L. Lilley, Judge Susan M. Harris, Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellant. Annette Miller, Senior Assistant Public Defender, for appellee. I. Introduction Tyler Cannon Spain was indicted on one count of felony possession with intent to distribute more…