(Download) "Commonwealth Pennsylvania v. Dwight Cameron Johnston" by Western Section, at Jackson Court of Appeals of Tennessee " Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Dwight Cameron Johnston
- Author : Western Section, at Jackson Court of Appeals of Tennessee
- Release Date : January 05, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
Controlled Substance, Drug, Device and Cosmetic Act. The court, sitting without a jury, convicted him of one count of possessing marijuana with intent to deliver, 35 P.S. ? 780-113(a)(30) and one count of possession of marijuana, 35 P.S. ? 780-113(a)(16). On November 1, 1984 the court sentenced appellant to five to ten months imprisonment followed by two years of probation on both counts, the sentences to run consecutively, plus a fine of $1,000 and costs. Cross appeals were filed to Superior Court, which vacated the sentence for simple possession and affirmed the sentence for possession with intent to deliver. 348 Pa. Super. 160, 501 A.2d 1119 (1985). Superior Courts rationale was that the crimes merged for sentencing purposes. Johnston petitioned for allowance of appeal and we granted allocatur to address the question of whether the evidence in this case was gathered pursuant to an illegal search and seizure.