Minor v. Commonwealth

369 S.E.2d 206, 6 Va. App. 366, 4 Va. Law Rep. 2851, 1988 Va. App. LEXIS 49
CourtCourt of Appeals of Virginia
DecidedMay 17, 1988
DocketRecord No. 0673-86-2
StatusPublished
Cited by9 cases

This text of 369 S.E.2d 206 (Minor 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.

Bluebook
Minor v. Commonwealth, 369 S.E.2d 206, 6 Va. App. 366, 4 Va. Law Rep. 2851, 1988 Va. App. LEXIS 49 (Va. Ct. App. 1988).

Opinions

Opinion

HODGES, J.

Sylvester Minor was convicted at a bench trial of possession of cocaine with intent to distribute in violation of Code § 18.2-248. He was tried jointly with co-defendants Michael Minor, James Brown, and Anthony Reese. The court fined Minor $3,500 and sentenced him to twenty-five years in the penitentiary with ten years suspended. On appeal, he argues that the Commonwealth’s evidence was insufficient to sustain his conviction and that it was error to admit into evidence the money found in his possession. We disgree and affirm the conviction.

On the evening of November 19, 1985, the Richmond police executed a search warrant at the residence of the appellant and his brother, Michael Minor. The police gained entry into the residence when a black male, later identified as Calvin Brake, opened the front door to exit. He attempted to close it when he saw the police, but Detective Fleming forced open the door and entered, followed by Detectives Clavert, Clark, and Robinson. They identified themselves as the police upon entry.

Detective Fleming chased Brake down the hallway. As Fleming passed the entrance to the master bedroom, which was Michael Minor’s, he paused and glanced into the lit room to check for weapons. He observed the appellant seated at the head of the bed, his brother at the foot of the bed, and James Brown seated between the two on a stool next to the bed. In the center of them on the bed, there was a mirror with white powder on it and there was a scale on a speaker next to the bed. All three defendants were [368]*368seated within arm’s reach of each other and of the cocaine on the bed.

Not seeing any weapons, Fleming proceeded into the den after Brake. Anthony Reese was in the den where Fleming found twelve packs of cocaine, which were packaged in the customary way for street distribution. When Fleming returned to the bedroom about a minute later, everyone had moved and other detectives were present. In addition to the mirror and scales, the following items were seized in the room: two pounds of cocaine on the bed with an approximate value of $45,000, a strainer with residue in it, containers of commonly used cutting agents, a box of plastic baggies, blue twist ties, scissors, plastic tooters, spoons with residue on them, and $60 on the night stand.

As Detective Clavert, who followed Fleming into the residence, reached the master bedroom, Brown and Michael Minor were exiting from it. Clavert detained them there. Although he did not actually enter the bedroom, he did not recall seeing the appellant at that time. Detective Clark entered the residence next. He apprehended Brake, who was leaving the den, in the hallway. He observed Brown, Michael Minor, and the appellant in the bedroom with Detective Clavert at that time.

After waiving his rights, the appellant informed the police that his bedroom was upstairs and that he was coming downstairs to leave for work when he was pushed into the master bedroom by the police. He stated that he did not know how long cocaine was sold from the house because his brother kept it from him.

The police found two hundred and sixteen dollars on the appellant. No drugs were found in the appellant’s room.

I. SUFFICIENCY OF THE EVIDENCE

Challenging the sufficiency of the evidence, appellant contends that the Commonwealth failed to prove he was present in the master bedroom. The appellant’s contention rests on a narrow interpretation of Detective Fleming’s and Detective Clavert’s testimony. The Commonwealth does not place the same significance on Fleming’s language, nor does it find the two detectives’ testimony contradictory. We agree and find the evidence sufficient to establish the appellant’s guilt beyond a reasonable doubt.

[369]*369Where the sufficiency of the evidence is raised on appeal, the court must consider the evidence in the light most favorable to the Commonwealth, giving to it all reasonable inferences fairly deducible therefrom. Higginbotham v. Commonwealth, 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975); Hambury v. Commonwealth, 3 Va. App. 435, 437, 350 S.E.2d 524, 524 (1986). Furthermore, the “judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict and will not be disturbed on appeal unless plainly wrong or without evidence to support it.” Hambury, 3 Va. App. at 437, 350 S.E.2d at 524 (citing Code § 8.01-680; Evans v. Commonwealth, 215 Va. 609, 613, 212 S.E.2d 268, 271 (1975)).

The pertinent portions of Detective Fleming’s testimony at trial follow:

Direct Examination

Q: What happened at the front of the house?
A: I stood right beside the front door, and I could hear conversation in the, coming from a window, which was the bedroom that the Minors and Mr. Brown were in. After standing beside the door for just a few minutes, a black male, Calvin Brake, started out of the house. As he started to come out of the door, he spotted me, pulled the storm door shut and tried to close the front door. I pulled open the storm door and forced in the front door. Calvin Brake was chased to a rear bedroom. While in chasing him, we passed by the bedroom where the Minors were and Mr. Brown. I stopped momentarily there to just glance in the room to make sure no one had any weapons or anything, just for my own safety, and then continued on in pursuit of Mr. Brake.
Q: Where were the individuals located in the master bedroom?
A: Michael Minor was seated at the foot of the bed; Sylvester Minor, as best I can recall, was at the head of the bed; and Mr. Brown was in a chair stool between the two.
[370]*370* * * *
Cross-Examination
Q: Where was Mr. Brown sitting?
A: From the best of my recollection, he was on a chair stool right there at the side of the bed, within a foot or so of the bed.
Q: Mr. Mike Minor, you testified—
A: He was at the foot of the bed, sitting on the bed.
Q: And Sylvester?
A: Best I can recall he was at the head of the bed, near the pillow.

The appellant’s interpretation of Detective Fleming’s language “best I can recall” when referring to him is crucial to his argument. Appellant asserts that Detective Fleming uses this equivocal language both times when referring to him, yet he is explicit when referring to the others in the room. From the location of the phrase in the sentence, appellant infers that Detective Fleming was unsure about his presence, not his location, in the bedroom. When considering Fleming’s testimony with Detective Clavert’s testimony that he did not recall seeing Sylvester Minor in the master bedroom when he detained Brown and Michael Minor, appellant argues that the Commonwealth failed to prove his presence in the bedroom.

We find no merit in the appellant’s position.

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Minor v. Commonwealth
369 S.E.2d 206 (Court of Appeals of Virginia, 1988)

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Bluebook (online)
369 S.E.2d 206, 6 Va. App. 366, 4 Va. Law Rep. 2851, 1988 Va. App. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minor-v-commonwealth-vactapp-1988.