COM. v. JOHNSON

No. 32 EAP 2009.

26 A.3d 1078 (2011)

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

Supreme Court of Pennsylvania.

Decided August 16, 2011.


Attorney(s) appearing for the Case

Ellen T. Greenlee , Defender Association of Philadelphia, Karl Baker , Peter Rosalsky , Defender Association of Philadelphia, Philadelphia, for Omar Johnson.

Hugh J. Burns, Jr. , Philadelphia District Attorney's Office, Philadelphia, Peter Carr, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice TODD.

This appeal concerns possession with intent to deliver heroin and, specifically, the question of whether the trial court properly calculated the total weight of heroin for the purpose of imposing a mandatory minimum sentence under 18 Pa.C.S.A. § 7508(a)(7)(i) of the Crimes Code. We hold that the trial court erred in finding that a single purchase of one bundle of packets of heroin...

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