Hawkins v. Commonwealth

FROM THE COURT OF APPEALS OF VIRGINIA.

W. McMillan Powers, Assistant Public Defender, for appellant.

Victoria Johnson, Assistant Attorney General (Mark R. Herring, Attorney General, on brief), for appellee.

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Russell, S.J.

OPINION

CHARLES S. RUSSELL, J.

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[288 Va. 484] In this appeal, we consider the sufficiency of the evidence required to support a conviction for possession of counterfeit currency in violation of Code § 18.2-173.

Facts and Proceedings

Charles N. Hawkins was indicted in the Circuit Court of the City of Portsmouth for the possession of more than ten forged bank notes, as described in Code § 18.2-170, with the knowledge that they were forged and with the intent to utter or employ them as true. At a bench trial, he was convicted and sentenced to five years imprisonment, with all but two years and two months suspended.

At trial, Sergeant Travis Smaglo of the Portsmouth Police Department testified that on May 14, 2012 he was advised that a subject who was being sought on several felony arrest warrants could be found at a pool hall in Portsmouth known as " Big Daddy's." The subject was described as a man wearing a white hat and blue checkered shorts who would be standing near the pool tables. Because the outstanding warrants included charges for murder and use of a firearm by a convicted felon, Smaglo went to the pool hall accompanied by several other officers. Entering the pool hall, Smaglo saw Hawkins standing near a pool table, wearing a white hat and blue checkered shorts.

Smaglo and another officer approached Hawkins, who put his right hand into the right pocket of his shorts. Smaglo told Hawkins to take his hand out of his pocket. Hawkins hesitated. Smaglo then drew his weapon and ordered Hawkins to remove his hand from his pocket. [288 Va. 485] Hawkins complied,

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but when he withdrew his hand it contained what Smaglo described as a " large sum of money" that Hawkins threw to the floor. Smaglo re-holstered his weapon and handcuffed Hawkins.

Smaglo picked up the money he had seen Hawkins throw to the floor and took it outside, where Hawkins was being held under arrest. Hawkins' possessions were being collected by the other officers. Smaglo handed the cash to them and told them it was also Hawkins' personal property. Hearing this, Hawkins said, " That's not my money." Smaglo replied, " Well, yes it is. You threw it on the floor. Why ...