Legal Opinion
Gorham v. Commonwealth
Court of Appeals of Virginia
Decided February 9, 1993No. Record No. 1699-91-4PublishedCited by 21 opinions
1Opinion of the Court
Opinion
FITZPATRICK, J.
Clifton Courtney Gorham (appellant) appeals his misdemeanor conviction of distribution of marijuana in violation of Code § 18.2-248.1(a)(1). He argues that double jeopardy bars retrial on a lesser-included offense when conviction on the greater offense has been set aside by the trial court. We disagree and affirm the conviction.
BACKGROUND
The appellant was originally convicted in a jury trial of distribution of more than one-half ounce but not more than five pounds of marijuana, a Class 5 felony, in violation of Code § 18.2-248.1(a)(2). At trial, appellant moved to strike…
2Cases cited19 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Burks v. United StatesSupreme Court of the United States · 1978
- Alabama v. SmithSupreme Court of the United States · 1989
- United States v. BallSupreme Court of the United States · 1896
- Greene v. MasseySupreme Court of the United States · 1978
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ramdass v. AngeloneSupreme Court of the United States · 2000
- Crowder v. CommonwealthCourt of Appeals of Virginia · 2003
- State v. MalufauHawaii Supreme Court · 1995
- South v. CommonwealthCourt of Appeals of Virginia · 2005
- Ramdass v. AngeloneSupreme Court of the United States · 2000
16 more not listed; retrieve them via the Exa API.