Peterson v. Commonwealth

Opinion

COLE, J.

Joyce Marie Peterson was tried by a judge and found guilty of felonious possession of marijuana with the intent to distribute in violation of Code § 18.2-248.1. She contends that her conviction should be reversed because: (1) double jeopardy barred the felony possession prosecution after she had been convicted of misdemeanor possession arising out of the same occurrence; (2) due process was violated when the Commonwealth reinstituted the felony possession charge upon her appeal to the circuit court of her plea-based misdemeanor possession conviction; and (3) the evidence was…