Werres v. Commonwealth

Opinion

COLEMAN, J.

Alem Werres was convicted in a bench trial of distributing cocaine and possessing an imitation controlled substance with the intent to distribute. He appeals the conviction for possessing an imitation controlled substance. Werres contends that: (1) the trial court erred in ruling, that the 1992 amendment to Code § 18.2-247(B) changed the elements of the offense so as no longer to require proof that the imitation substance is a substance that is subject to abuse as set forth in Rhodes v. Commonwealth, 12 Va. App. 473, 475, 404 S.E.2d 522, 523 (1991), and (2) the evidence is…