Lewis v. Virginia

423 S.E.2d 371, 15 Va. App. 337 (1992)

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Lewis v. Virginia

Virginia Court of Appeals
423 S.E.2d 371, 15 Va. App. 337 (1992)

  • Written by Patrick Speice, JD

Facts

Fred Lewis (defendant) worked as a correctional officer and was arrested and charged with attempted delivery of a controlled substance after Lewis was found with marked money that prison officials had given to a cooperating inmate to use to purchase marijuana from Lewis. The inmate testified that Lewis had offered to sell marijuana to the inmate previously, that the inmate agreed to cooperate with prison officials against Lewis in exchange for leniency, and that Lewis accepted the marked bills in exchange for marijuana that Lewis promised to give the inmate later that day. Lewis denied offering or agreeing to sell marijuana to the inmate and claimed that Lewis found the marked bills in an unlocked guard post accessible to inmates. No marijuana was found in Lewis’s possession when Lewis was arrested. Lewis was convicted of attempted delivery of a controlled substance and appealed, arguing that the evidence was insufficient to prove the charge.

Rule of Law

Issue

Holding and Reasoning (Benton, J.)

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