Dukes v. Commonwealth

In a bench trial, Bettie Jean Dukes was convicted of possessing marijuana with intent to distribute in violation of Code § 18.2-248.1. She was sentenced to six months in jail and fined $1,000. The defendant concedes the evidence is sufficient to prove possession of marijuana, but she contends there was insufficient evidence to establish that she possessed the drug with the intent to distribute.

The Commonwealth relies wholly upon circumstantial evidence to establish intent to distribute. Dukes was a civilian employee at the United States Naval Security Group Activity Northwest in the City of…