COM. v. GRAHAM


799 A.2d 831 (2002)

COMMONWEALTH of Pennsylvania, Appellee, v. Zelda Jean GRAHAM, Appellant.

Superior Court of Pennsylvania.

Filed May 17, 2002.


Attorney(s) appearing for the Case

Mark S. Zearfaus, Public Defender, Hollidaysburg, for appellant.

David C. Gorman, Asst. Dist. Atty., Hollidaysburg, for Com., appellee.

Before JOHNSON, BENDER, and MONTEMURO JJ.


JOHNSON, J.

¶ 1 Where a defendant is convicted of delivery of a controlled substance and the Commonwealth seeks to apply the mandatory sentencing provisions of the drug-free school zone statute, do constitutional guarantees of due process, notice and jury trial require that only a jury may find beyond a reasonable doubt that delivery occurred within 1,000 feet of school property? We conclude that the fact of delivery...

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