Supreme Court of Virginia
Baraka Bolden, S/k/a Baraka S. Bolden v. Commonwealth of Virginia.
January 11, 2008275 Va. 144
Summary
The Supreme Court of Virginia affirmed the Court of Appeals' judgment upholding all of Baraka Bolden's convictions, including possession of a firearm while in possession of cocaine and possession of a firearm by a convicted felon. The Court rejected Bolden's contention that appellate sufficiency review is confined to evidence mentioned in trial argument or the trial court's ruling, holding instead that an appellate court must consider all evidence admitted at trial that is contained in the record. Applying the standard favorable-light sufficiency review, the Court concluded that Bolden's proximity to the plainly visible loaded handgun, his conduct, his possession of narcotics with intent to distribute, and expert testimony linking drug distribution to firearm possession sufficiently established his constructive possession of the weapon.