COM. v. JOHNSON


788 A.2d 985 (2001)

COMMONWEALTH of Pennsylvania, Appellee, v. Kenneth JOHNSON a/k/a Kenneth Johnston, Appellant.

Superior Court of Pennsylvania.

Filed November 20, 2001.


Attorney(s) appearing for the Case

Kirk J. Henderson, Public Defender, Pittsburgh, for appellant.

Sally K. Kaye, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

Before DEL SOLE, President Judge, EAKIN and BROSKY, JJ.


BROSKY, Judge:

¶ 1 This is an appeal from a judgment of sentence imposed upon Appellant after he was convicted of possession of cocaine offenses. Appellant asserts that the prosecutor made an impermissible reference to post-arrest silence when questioning his lone witness and that trial counsel was ineffective for failing to move for a mistrial afterward. We agree with Appellant's assertions and, consequently, vacate...

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