BYRD v. COM.

Record No. 2197-08-1.

689 S.E.2d 769 (2010)

55 Va. App. 742

Malachi Antonio BYRD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

March 9, 2010.


Attorney(s) appearing for the Case

T. Gregory Evans, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Jennifer C. Williamson, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: HUMPHREYS, McCLANAHAN, JJ., and WILLIS, S.J.


HUMPHREYS, Judge.

Malachi Antonio Byrd ("appellant") was convicted at a bench trial of possession of a Schedule I or II controlled substance, in violation of Code § 18.2-250; and possession of a firearm by a convicted felon, in violation of Code § 18.2-308.2. On appeal, appellant contends that the trial court erred when it denied his motion to suppress the evidence obtained from the search of the vehicle and appellant because the police lacked probable cause...

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