Upchurch v. Commonwealth

LEMONS, Judge.

In a bench trial, Joseph Robert Upchurch, Jr. was convicted of possession of cocaine in violation of Code § 18.2-250. At the conclusion of the Commonwealth’s case-in-chief, Upchurch moved “to strike the evidence on the grounds that there had been no probable cause for the arrest.” Upchurch concedes that his motion was essentially a motion to suppress the evidence but contends that the trial court erred when it denied his motion based on his failure to comply with the requirements of Code § 19.2-266.2. We hold that the trial judge did not err in refusing to grant the defendant’s…