Behrens v. Commonwealth

Opinion

I

KEENAN, J.

A jury found Alfredo Behrens guilty of possessing cocaine with intent to distribute in violation of Code § 18.2-248. The court sentenced Behrens in accordance with the jury’s verdict to seven years in the penitentiary and a ten thousand dollar ($10,000) fine. On appeal, Behrens contends that the evidence of possession was insufficient to sustain the conviction. We agree and reverse.

At trial, the Assistant Manager of the Arna Valley Family Suites, Niles Madison, testified that on March 14, 1984, Behrens rented a suite in that establishment for a period of one week. Madison…