Rebecca Jones Richard v. Commonwealth of Virginia

For the reasons stated, we hold that from the evidence, viewed in the light most favorable to the Commonwealth, a rational trier of fact could have concluded that Richard and Harris conspired to distribute methamphetamine, and therefore we affirm the circuit court’s denial of the motion to strike. However, we also hold that viewing the evidence in the light most favorable to Richard, there was more than a scintilla of evidence to support the proffered instruction such that the jury should have been given the opportunity to determine if the evidence supported its application to the facts as weighed by the them. 4 Accordingly, we reverse the judgment of the circuit court with respect to Richard’s conviction for conspiracy to distribute a controlled substance and remand for a

new trial, if the Commonwealth be so advised.