Phillips v. Commonwealth

514 S.E.2d 340, 257 Va. 548, 1999 Va. LEXIS 53
CourtSupreme Court of Virginia
DecidedApril 16, 1999
DocketRecord 981829
StatusPublished
Cited by29 cases

This text of 514 S.E.2d 340 (Phillips v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. Commonwealth, 514 S.E.2d 340, 257 Va. 548, 1999 Va. LEXIS 53 (Va. 1999).

Opinions

JUSTICE KEENAN

delivered the opinion of the Court.

The issue presented in this appeal is whether Code § 19.2-294 bars a defendant’s conviction on two felony charges of selling marijuana on school property, after he had been convicted in the general [550]*550district court on two misdemeanor charges of distribution of marijuana based on the same acts.

The parties stipulated to the following facts. In March 1996, two arrest warrants were issued against Matthew S. Phillips, charging him with felony offenses of selling marijuana on the grounds of Lebanon High School in Russell County, on or about January 19 and 24, 1996, in violation of Code § 18.2-255.2. One week later, two more arrest warrants were issued against Phillips charging him with misdemeanor offenses of distributing less than a half-ounce of marijuana on or about January 19 and 24, 1996, in violation of Code § 18.2-248.1, based on the same acts as the felony charges.

On October 29, 1996, Phillips appeared in the General District Court of Russell County on all four charges. At that hearing, Phillips was tried and convicted on the two misdemeanor charges and waived a preliminary hearing on the two felony charges. The grand jury later indicted Phillips on the two felony charges.

Phillips filed a motion to quash the two felony indictments in the Circuit Court of Russell County. He argued that prosecution of the felony indictments was barred by his convictions on the two misdemeanor charges arising from the same acts. The trial court denied the motion, ruling that Phillips had not been subjected to successive prosecutions within the meaning of Code § 19.2-294. Phillips then entered conditional guilty pleas to the two felony charges, as permitted under Code § 19.2-254, thereby reserving the right to appeal the trial court’s denial of his motion to quash. The trial court accepted the pleas and sentenced Phillips to two concurrent terms of five years’ imprisonment, which the court suspended on the condition that Phillips serve twelve months in jail.

Phillips noted an appeal of the felony convictions to the Court of Appeals. In a published opinion, a panel of the Court of Appeals affirmed the convictions, holding that when felony and misdemeanor charges are brought at separate times, they nevertheless are part of a single prosecution if the cases are heard in a single, evidentiary hearing. Phillips v. Commonwealth, 27 Va. App. 674, 680-81, 500 S.E.2d 848, 851 (1998). We awarded this appeal after the Court of Appeals denied Phillips’ petition for a rehearing en banc.

Code § 19.2-294 provides, in relevant part:

If the same act be a violation of two or more statutes, or of two or more ordinances, or of one or more statutes and also one or more ordinances, conviction under one of such statutes [551]*551or ordinances shall be a bar to a prosecution or proceeding under the other or others.

Phillips first argues that, under the language of Code § 19.2-294, his convictions in the general district court barred any further “proceeding” arising out of the same acts, including the later indictments and hearings in the circuit court on the felony charges. We do not reach the merits of this argument, however, because Phillips failed to raise it in the trial court. There, Phillips argued that Code § 19.2-294 barred the felony prosecutions because all four warrants, felony and misdemeanor, were not issued on the same date. He advanced the same argument before the panel of the Court of Appeals. Since Phillips did not give the trial court the opportunity to address the argument he raises here, we decline to consider it. Rule 5:25.

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Cite This Page — Counsel Stack

Bluebook (online)
514 S.E.2d 340, 257 Va. 548, 1999 Va. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-commonwealth-va-1999.