Dotson v. Commonwealth

Opinion

COLEMAN, J.

In this criminal appeal, we hold that the language in Code § 18.2-248(C) authorizing enhanced punishment “[u]pon a second or subsequent conviction” does not limit the number of convictions the Commonwealth may prove in order to establish that there has been a “second or subsequent conviction.” Accordingly, we affirm the trial court.

Raymond Dotson was convicted by a jury for violating Code § 18.2-248(C) by knowingly distributing cocaine after having previously been convicted twice of cocaine distribution. At Dotson’s trial, over his objection, Investigator Howell testified…