Pemberton v. Commonwealth

Opinion

DUFF, S.J. *

Appellant, Timothy Gerard Pemberton, was indicted for possession of cocaine with intent to distribute and was convicted of possession of cocaine. On appeal, he argues that insufficient evidence was presented by the Commonwealth to establish that he constructively possessed the cocaine. We agree and reverse the conviction.

Viewed in the light most favorable to the Commonwealth, the record reveals that on January 3, 1992, Prince William County police officers executed a search warrant on a single family residence. The officers knocked on the downstairs front door, and, ten to…