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DAVID D. STEFANIC
OTN: F125695-3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-0360 CRIMINAL TERM
CHARGES: (1) PROHIBITED OFFENSIVE
WEAPONS
(2) UNLAWFUL POSS. OF A
SM. AMT. OF MARIJUANA
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
Oler, J., February/~, 1999.
In this criminal case, Defendant has appealed to the Pennsylvania Superior Court from
a judgment of sentence. He was found guilty by the writer of this opinion following a
nonjury trial of possession of a prohibited offensive weapon (a switchblade knife)~ and
possession of a small amount of marijuana.2
The sentence of the court as to each charge consisted of a fine and probation.3 The
basis for Defendant's appeal to the Superior Court is that a pretrial ruling on a motion to
suppress evidence was erroneous.4
The pretrial ruling was the subject of an opinion dated July 22, 1998, by the
Honorable Kevin A. Hess, the suppression court judge. Reference to that opinion is made
~ Act of December 6, 1972, P.L. 1482, §1, as amended, 18 Pa. C.S. 908(a).
2 Act of April 14, 1972, P.L. 233, §13(a)(30), as amended, 35 P.S. §780-113(a)(30).
3 Order of Court, January 12, 1999.
4 Defendant's Concise Statement of Matters Complained of on Appeal; see
Defendant's Omnibus Pre-trial Motion -- Motion To Suppress.
herein in support of the judgment of sentence appealed from.
Mary-Jo Mullen, Esq.
Assistant District Attorney
Ellen K. Barry, Esq.
First Assistant Public Defender
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