Tamica Monique Green, s/k/a Tamika Green v. Commonwealth of Virginia
1355204
| Va. Ct. App. | Nov 9, 2021Background
- Appellant Tamica Monique Green was convicted in a bench trial of possession of a controlled substance (Code § 18.2-250) after police found a vape pen in her purse and forensic analysis revealed cocaine in the cartridge.
- Police responded to a domestic dispute at her mother's home; officers observed Green appearing intoxicated and the mother expressed concern Green was using PCP.
- Green consented to a search of her purse; the vape pen was recovered from that purse.
- Green testified the vape pen was hers, that she used vaping to quit cigarettes, that a friend (Anthony Campbell) often had access to her belongings, and she could not pinpoint the last day she used the pen. She denied knowing the cartridge contained cocaine.
- The trial court found Green’s evasive testimony (unable to identify last use; distancing from the exact pen) and the surrounding circumstances supported an inference she knew the pen contained drugs, and convicted.
- On appeal Green argued the evidence was insufficient to prove she knew the nature/character of the substance; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to prove Green knew the nature and character of the substance in the vape pen? | Commonwealth: Circumstantial evidence—possession, officer observation she appeared under influence, mother’s concern, and Green’s evasive testimony—supports inference of knowledge. | Green: Only proximity/ownership shown; no direct proof she knew cartridge contained cocaine—similar to Young and Yerling. | Affirmed: A rational factfinder could infer knowledge from possession plus surrounding circumstances and evasive testimony. |
Key Cases Cited
- Young v. Commonwealth, 275 Va. 587 (knowledge of nature and character is an essential element; mere possession is insufficient)
- Yerling v. Commonwealth, 71 Va. App. 527 (reversing where only proximity/possession shown and no evidence of guilty knowledge)
- Dietz v. Commonwealth, 294 Va. 123 (standard for sufficiency review: whether any rational trier of fact could find essential elements beyond a reasonable doubt)
- Poole v. Commonwealth, 73 Va. App. 357 (trier of fact may discount self‑serving statements as attempts to conceal guilt)
- Covil v. Commonwealth, 268 Va. 692 (false or evasive accounts are evidence of guilty knowledge)
- Sierra v. Commonwealth, 59 Va. App. 770 (officer testimony about indicators of contraband can be relevant but is not strictly necessary)
