Virginia's Judicial System


Appeals Granted


Case

DERRICK RENARD POWELL v. COMMONWEALTH OF VIRGINIA
(Record Number 132028)

From

The Court of Appeals of Virginia.

Counsel

M. Kevin Bailey (M. Kevin Bailey, PLLC) for appellant.

Katherine Quinlan Adelfio (Office of the Attorney General) for appellee.

Assignments of Error

  1. Under Section 18.2-247(B)(ii) of the Code of Virginia, 1950, as amended, the trial court erred in finding that the evidence was sufficient to establish that the substance Appellant gave to Investigator Bailey was not a controlled substance subject to abuse, and, in affirming the trial court's decision, the Court of Appeals erred both in applying a statutory construction to Section 18.2-247(B)(ii) to link the phrase "subject to abuse" to the Drug Control Act (Section 54.1-3400 et seq.) and in its application of the statutory construction.
  2. Under Section 18.2-247(B)(1) of the Code of Virginia, 1950, as amended, the trial court erred in finding that the evidence was sufficient to establish that the substance was in a form such that it would be mistaken for cocaine, and the Court of Appeals erred in affirming the trial court's decision.
  3. Under Section 18.2-247(B)(2) of the Code of Virginia, 1950, as amended, the trial court erred in finding that the evidence was sufficient to establish that Appellant made any express or implied representations that the substance was cocaine, and the Court of Appeals erred in affirming the trial court's decision.

Date Granted

  04-16-2014