COM. v. JOHNSON


849 A.2d 1236 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. Jermaine JOHNSON, Appellant.

Superior Court of Pennsylvania.

Filed April 28, 2004.


Attorney(s) appearing for the Case

Andrew G. Gay, Philadelphia, for appellant.

George M. Green, Asst. Dist. Atty., Media, for Com., appellee.

Before: KLEIN, McCAFFERY and OLSZEWSKI, JJ.


KLEIN, J.

¶ 1 Jermaine Johnson appeals from his mandatory sentence of two to four years for Possession With Intent to Deliver marijuana. He claims the trial court erred in denying his motion to suppress evidence. He argues that the police first should have obtained an anticipatory search warrant. Whether or not that might have been possible, since we find this was an investigatory stop and not an arrest, is irrelevant. His second argument is that this was an...

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