Austin v. Commonwealth

COLEMAN, Judge.

Jermaine Alonzo Austin was indicted for distribution of cocaine in violation of Code § 18.2-248. At trial, Austin moved to strike the evidence, arguing that the evidence failed to prove he distributed cocaine or that the cocaine found on his person was once part of the drugs allegedly distributed. The trial judge granted the motion to strike the charge of distribution of cocaine but convicted Austin of possession of cocaine in violation of Code § 18.2-250. On appeal, Austin argues that the trial judge erred in convicting him of possession of cocaine because that offense is not…