Carson v. Commonwealth

In March 1989, defendant James Patrick Carson was sentenced to confinement in the penitentiary, and to a fine, upon conviction by the trial court, sitting without a jury, of possession of cocaine and marijuana, both with intent to distribute. Subsequently, a panel of the Court of Appeals, with one judge dissenting, affirmed the convictions. Carson v. Commonwealth, 12 Va. App. 497, 404 S.E.2d 919 (1991). Thereafter, the Court of Appeals granted a rehearing en banc and affirmed the convictions for the reasons stated in the panel opinion. Four judges, including the Chief Judge, dissented. Carson…