Phillips v. Commonwealth

COLEMAN, Judge.

The sole issue in this appeal is whether appellant’s prosecution in circuit court for two felony charges of distributing marijuana on school property was barred under the provisions of Code § 19.2-294 due to two prior convictions in general district court for distributing marijuana, which convictions were based on the same acts. Code § 19.2-294 provides in pertinent part that “[i]f the same act be a violation of two or more statutes ... conviction under one of such statutes ... shall be a bar to prosecution or proceeding under the other.”

Matthew Phillips was charged with…