Tucker v. Commonwealth

Opinion

ELDER, J.

Dwayne A. Tucker appeals his conviction for possession of cocaine in violation of Code § 18.2-250. He contends that the evidence was insufficient as a matter of law to sustain his conviction. For the reasons that follow, we reverse appellant’s conviction.

At about 1:15 a.m. on March 31, 1992, Officer Alder stopped the vehicle in which appellant and his cousin, James W. Neal, Jr., were riding. Appellant and Neal consented to patdowns, and appellant, the driver of the vehicle, consented to a search of the car. No evidence of cocaine was found in the car. During the automobile…