Wells v. Commonwealth

ELDER, Judge.

Evwan L. Wells (appellant) was convicted in a bench trial for possession with intent to distribute more than one-half ounce but less than five pounds of marijuana, in violation of Code § 18.2-248.1. On appeal, appellant contends the trial court erroneously (1) concluded the evidence was sufficient to prove he possessed the marijuana; (2) permitted the Commonwealth to impeach its own witness; and (3) permitted the Commonwealth to argue in closing that appellant took the stand but failed to deny possession of the drugs, thereby implying he was guilty. We hold the testimony of…