Commonwealth, 44 Va. App. 347, 357-59, 605 S.E.2d 297, 302 (2004) (holding that “plain
smell,” a variant on the “plain view” doctrine, provides probable cause for a search). That
Officer Giles “never wrote the ticket for illegal parking” and may have “had no intention [of
doing so]” is irrelevant. “An action is ‘reasonable’ under the Fourth Amendment, regardless of
the individual officer’s state of mind, ‘as long as the circumstances, viewed objectively, justify
[the] action.’” Brigham City v. Stuart, 547 U.S. 398, 404, 126 S. Ct. 1943, 1948, 164 L. Ed. 2d
650, 658 (2006) (quoting Scott v. United States, 436 U.S. 128, 138, 98 S. Ct. 1717, 1723, 56
L. Ed. 2d 168, 178 (1978) (emphasis added)).
Thus, we conclude the trial court did not err in denying the motion to suppress.
B. SUFFICIENCY OF THE EVIDENCE TO PROVE MARIJUANA WEIGHT
On appellate review, we consider the evidence presented at trial in the light most
favorable to the Commonwealth, the prevailing party below, and “accord [it] the benefit of all
inferences fairly deducible from the evidence.” Riner v. Commonwealth, 268 Va. 296, 303, 601
S.E.2d 555, 558 (2004). When reviewing the sufficiency of the evidence to support a conviction,
the Court will affirm the judgment unless it is plainly wrong or without evidence to support it.
E.g., Coles v. Commonwealth, 270 Va. 585, 587, 621 S.E.2d 109, 110 (2005).
Appellant does not contest the sufficiency of the evidence to prove he possessed the
marijuana and did so with an intent to distribute it. He challenges only the sufficiency of the
evidence to prove the quantity of marijuana he possessed was “more than one-half ounce but not
more than five pounds,” as required to support imposition of punishment for a Class 5 felony.
He argues the evidence was sufficient to convict him only for the lesser-included offense of
possession with intent to distribute, a Class 1 misdemeanor, because the weight of 0.92 ounce
provided in the certificate of analysis indicated it included the innermost packaging and because
the record contained no evidence as to what the eight innermost plastic bags containing the plant
- 7 -