Amato v. Commonwealth

Opinion

BAKER, J.

Fred Amato (appellant), indicted as Frederick Amato, a/k/a Fred Amato, a/k/a Ferdinand Thomas Amato, a/ k/a Ferdinand Thomas Amato, III, appeals from a judgment of the Circuit Court of Isle of Wight County (trial court) which approved a jury verdict convicting him of feloniously conspiring to possess with intent to distribute a quantity of marijuana in excess of five pounds. He was sentenced to a term of five years in the penitentiary.

At the conclusion of the Commonwealth’s case, appellant moved to strike the evidence, asserting that mere presence at the scene of the…