[DOWNLOAD] "Commonwealth Pennsylvania v. Dwight Cameron Johnston. Commonwealth Pennsylvania v. Dwight Cameron Johnston" by Superior Court of Pennsylvania Nos. 01541 Pittsburgh 1984 # Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Dwight Cameron Johnston. Commonwealth Pennsylvania v. Dwight Cameron Johnston
- Author : Superior Court of Pennsylvania Nos. 01541 Pittsburgh 1984
- Release Date : January 29, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
These cross-appeals are from the judgment of sentence imposed after appellee1 was found guilty in a bench trial of possession with intent to deliver2 and simple possession.3 Appellee contends that: (1) his motion to suppress evidence should have been granted because the totality of the circumstances did not establish probable cause for issuance of a search warrant; and (2) his demurrer should have been sustained because the Commonwealth did not adduce evidence from which it could be concluded beyond a reasonable doubt that he constructively possessed the contraband recovered in this case. Appellant contends that the sentencing court erred in imposing a sentence for the offense of possession with intent to deliver which was in the mitigated minimum range of the Sentencing Guidelines4 instead of the minimum range without stating any reasons for doing so. We find no merit to either appeal,5 but do find that the crime of simple possession should have been merged for sentencing purposes with the crime of possession with intent to deliver. Accordingly, we vacate the judgment of sentence for simple possession and affirm the judgment of sentence for possession with intent to deliver.