Burchette v. Commonwealth

Opinion

COLEMAN, J.

Larry Dean Burchette was convicted in a bench trial of violating Code § 18.2-248 by possessing marijuana with the intent to distribute it. The trial judge sentenced Burchette to twenty years imprisonment, all of which was suspended on condition that he serve six months in jail and thereafter be on supervised probation. Burchette contends that the evidence was insufficient to prove that he possessed the marijuana. We agree and reverse his conviction.

When the Commonwealth is required to prove beyond a reasonable doubt that an accused possessed illicit drugs by establishing…