Cross v. Commonwealth

Court of Appeals of Virginia

Cross v. Commonwealth

665 S.E.2d 861, 52 Va. App. 598, 2008 Va. App. LEXIS 581

CourtCourt of Appeals of Virginia

DecidedSeptember 2, 2008

Docket2781041

StatusPublished

Cited by4 cases

This text of 665 S.E.2d 861 (Cross v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cross v. Commonwealth, 665 S.E.2d 861, 52 Va. App. 598, 2008 Va. App. LEXIS 581 (Va. Ct. App. 2008).

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Opinion

Upon Remand from the Supreme Court of Virginia.

A panel of this Court, relying on Moore v. Commonwealth, 272 Va. 717, 636 S.E.2d 395 (2006), rev’d, Virginia v. Moore, — U.S. -, 128 S.Ct. 1598, 170 L.Ed.2d 559 (2008), held that the trial court erred by denying appellant’s motion to suppress. See Cross v. Commonwealth, 49 Va.App. 484, 642 S.E.2d 763 (2007). We therefore reversed appellant’s conviction for possession of cocaine in violation of Code § 18.2-250. Id. The Virginia Supreme Court awarded an appeal from this decision, and, by order entered June 6, 2008, remanded the case to this Court for reconsideration in light of the holding of *599 the United States Supreme Court in Moore, — U.S. at-, 128 S.Ct. at 1608.

Upon reconsideration, we vacate our prior holding on this issue. For the reasons stated in Moore, — U.S. at-, 128 S.Ct. at 1608, we now hold that the trial court did not err by denying appellant’s motion to suppress. Therefore, we affirm his conviction for possession of cocaine. Accordingly, that part of the Court’s opinion with regard to that conviction is withdrawn and that part of the mandate with regard thereto is vacated. We reaffirm our prior decision regarding the charge of obstruction of justice in violation of Code § 18.2-460. Cross, 49 Va.App. at 491, 642 S.E.2d at 766.

This order shall be published and certified to the clerk of the trial court.

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Upon Remand from the Supreme Court of Virginia.

A panel of this Court, relying on Moore v. Commonwealth, 272 Va. 717, 636 S.E.2d 395 (2006), rev’d, Virginia v. Moore, — U.S. -, 128 S.Ct. 1598, 170 L.Ed.2d 559 (2008), held that the trial court erred by denying appellant’s motion to suppress. See Cross v. Commonwealth, 49 Va.App. 484, 642 S.E.2d 763 (2007). We therefore reversed appellant’s conviction for possession of cocaine in violation of Code § 18.2-250. Id. The Virginia Supreme Court awarded an appeal from this decision, and, by order entered June 6, 2008, remanded the case to this Court for reconsideration in light of the holding of *599 the United States Supreme Court in Moore, — U.S. at-, 128 S.Ct. at 1608.

Upon reconsideration, we vacate our prior holding on this issue. For the reasons stated in Moore, — U.S. at-, 128 S.Ct. at 1608, we now hold that the trial court did not err by denying appellant’s motion to suppress. Therefore, we affirm his conviction for possession of cocaine. Accordingly, that part of the Court’s opinion with regard to that conviction is withdrawn and that part of the mandate with regard thereto is vacated. We reaffirm our prior decision regarding the charge of obstruction of justice in violation of Code § 18.2-460. Cross, 49 Va.App. at 491, 642 S.E.2d at 766.

This order shall be published and certified to the clerk of the trial court.

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665 S.E.2d 861, 52 Va. App. 598, 2008 Va. App. LEXIS 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-commonwealth-vactapp-2008.

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