Brian Anthony Dove v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA UNPUBLISHED Present: Chief Judge Decker, Judges Humphreys and Friedman Argued at Lexington, Virginia BRIAN ANTHONY DOVE MEMORANDUM OPINION* BY v. Record No. 1025-21-3 CHIEF JUDGE MARLA GRAFF DECKER AUGUST 9, 2022 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF CAMPBELL COUNTY James Frederick Watson, Judge (Craig P. Tiller, on briefs), for appellant. Appellant submitting on briefs. Matthew J. Beyrau, Assistant Attorney General (Jason S. Miyares, Attorney General; Susan Brock Wosk, Assistant Attorney General, on brief), for appellee. Brian Anthony Dove was convicted for possession of methamphetamine and possession of ammunition by a convicted felon, in violation of Code §§ 18.2-250 and 18.2-308.2, respectively. On appeal, Dove challenges the sufficiency of the evidence to support his convictions. For the reasons that follow, we affirm. I. BACKGROUND1 On the morning of November 2, 2019, Virginia Department of Game and Inland Fisheries Officer Cory Harbor saw a Nissan pickup truck driving off-road through the woods of a rural property. Familiar with the property owners, Officer Harbor turned around to investigate the driver * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 1 In accordance with familiar principles of appellate review, the facts will be stated “in the light most favorable to the Commonwealth, the prevailing party at trial.” Ray v. Commonwealth, 74 Va. App. 291, 307 (2022) (quoting Fletcher v. Commonwealth, 72 Va. App. 493, 501 (2020)). for suspected trespassing. Twenty to thirty seconds later, the officer was unable to locate the truck. He later found it abandoned approximately two hundred feet from where he had last seen it in the woods. The truck’s motor was hot, its keys were in the ignition, a “buzzing” sound could be heard, and the driver’s door was slightly ajar. The same day, Harbor executed a search warrant for the truck. He testified that it was obvious to him that only the driver’s seat had been occupied because the passenger’s seat had “so much stuff in it.” Inside of a bag on the bench seat between the driver and passenger seat, Officer Harbor found Winchester 30-30 caliber ammunition. On the floorboard of the driver’s seat, behind where the driver’s heels would have been positioned, Harbor found a glass smoking device holding white powder. Subsequent testing revealed that the .3331 gram of powder contained methamphetamine, a Schedule II controlled substance. Officer Harbor also found ninety-nine one-dollar bills, suspected marijuana, and hunting gear throughout the cab of the truck. In the glovebox, Officer Harbor found the appellant’s expired April 2019 insurance card that matched the truck. After collecting the evidence from the vehicle, Harbor set up two surveillance cameras to monitor it. He returned the following day to check the cameras, and at that time, the truck was in the same position. Two days after setting up the cameras, Officer Harbor returned to discover that the truck was missing. He immediately reviewed the surveillance footage. From the video, Harbor saw that at around 7:00 a.m. that morning, approximately one hour …

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