COM. v. SMITH


853 A.2d 1020 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. Jameal SMITH, Appellant.

Superior Court of Pennsylvania.

Filed March 23, 2004.


Attorney(s) appearing for the Case

Suzanne M. Swan, Public Defender, M. Susan Ruffner and Kirk J. Henderson, Pittsburgh, for appellant.

Kevin Francis McCarthy, Michael W. Streily, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

BEFORE: STEVENS, ORIE MELVIN and CAVANAUGH, JJ.


OPINION BY ORIE MELVIN, J.:

¶ 1 Appellant, Jameal Smith, appeals from his June 17, 2002 judgment of sentence. On appeal, he first argues that the trial court erred by not crediting his sentence with the time that he was incarcerated under a probation detainer lodged as a result of his criminal activity. He also argues that the verdict was against the weight of the evidence. We find that Smith has waived his weight of the evidence argument and remand for resentencing...

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