However, other than appellant's presence in the apartment at the time the officers executed the search warrant, there was no evidence linking appellant to the apartment. Sufficiency of the Evidence Appellant contends that the evidence was insufficient to convict him of the three charges. The judgment of the trial court, sitting without a jury, is entitled to the same deference as a jury verdict and will be set aside only if plainly wrong or without evidence to support it. The credibility of a witness, the weight accorded the testimony, and the inferences to be drawn from proven facts are matters solely for the fact finder's determination. A. Constructive Possession Appellant contends that the evidence was insufficient to prove he possessed the marijuana, cocaine and firearm.
Possession can be actual or constructive.
10 Va. App. In the instant case, appellant testified that he knew what marijuana, cocaine and a gun look like. He admitted he sat on the couch with a handgun between himself and Hill. Appellant noticed the marijuana and gun as soon as he entered the living room. The drugs and handgun were located within the immediate vicinity of appellant.