Angelique Teresa Shelley v. Commonwealth of Virginia, 2019153

Shelley was convicted in the Circuit Court of Amherst County of three counts of distributing a controlled substance within 1,000 feet of school property under Va. Code § 18.2-255.2(A)(2).
The controlled-substance sale occurred at a picnic table located at the exterior corner of a motel, about 100 yards (≈300 feet) from a school.
The picnic table sat in a grassy area between the motel and a U-Haul dealership, adjacent to the motel parking lot and without fences or gates around it.
A “No Trespassing” sign existed at the motel night check-in window, but there was no evidence the sign applied to the picnic table area or that the sign was posted where the table sat.
Law enforcement had observed people use the picnic table on other occasions and testified the public was not typically refused access unless previously barred; officers had a clear view of the table from about 45 yards away.
Shelley argued the picnic table was not "open to public use" because she and the buyer were motel guests and because of the motel’s trespass policy and past removals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the picnic table was "property open to public use" under § 18.2-255.2(A)(2)	Shelley: table was effectively private because she and buyer were motel guests and motel had trespass signage/enforcement	Commonwealth: table was readily accessible to the public; signs did not show the table was restricted; people used it at times and could access it without challenge	Court affirmed: picnic table was "open to public use" because it was readily accessible and the public would not reasonably anticipate being challenged

Fullwood v. Commonwealth, 279 Va. 531 (2010) (upholding finding that privately owned apartment parking lot was "open to public use" where accessible despite some "No Trespassing" signs)
Smith v. Commonwealth, 26 Va. App. 620 (1998) (private business across from a school was "open to public use" where location was accessible and not blocked)
Commonwealth v. Burns, 240 Va. 171 (1990) (statute’s aggravating factor applies to any drug transaction within 1,000 feet of a school regardless of whether children actually congregate there)