Cost v. Commonwealth

ROBERT P. FRANK, Judge.

Darrio L. Cost, appellant, was convicted, in a bench trial, of possession with the intent to distribute heroin, in violation of Code § 18.2-248. On appeal, he contends the trial court erred in finding the evidence sufficient to prove intent and erred in finding the seizure of twenty capsules of heroin after a pat down did not violate appellant’s Fourth Amendment rights. For the reasons stated, we affirm the judgment of the trial court.

BACKGROUND

Portsmouth Police Officer B.C. Davis approached appellant, who was sitting in the passenger’s seat of a vehicle in the parking…