Tracy Marice Penn v. Commonwealth of Virginia

ANNUNZIATA, Judge.

Tracy Marice Penn appeals his conviction of felonious possession of a controlled substance while an inmate of a state correctional facility in violation of Code § 53.1-203(6). Penn argues (1) that the circuit court erred in deeming him to be a “prisoner” within the meaning of the statute, and (2) that the court erroneously founded its jurisdiction to try his case on Code § 53.1-205. We disagree and affirm.

BACKGROUND

On January 10,1998, Penn was arrested for public drunkenness. He was charged under Code § 18.2-388 and placed in an “isolation cell” at the Martinsville City…