Morrison v. Commonwealth

FRANK, Judge.

Brian Lee Morrison (appellant) was convicted in a bench trial of selling drug paraphernalia, in violation of Code §§ 18.2-265.1-3. On appeal, he contends the trial court applied an improper scienter standard and erred in ruling the evidence was sufficient to convict him. For the reasons stated, we affirm the conviction.

I. BACKGROUND

Sometime in January of 2000, Trooper R. Thompson of the Virginia State Police visited the Fatty Shack, a store in Virginia Beach. He photographed several of the items for sale in the store — bongs, roach clips, and other drug paraphernalia. Thompson…