HomeMy WebLinkAbout96-2196 CriminalCOMMONWEALTH
VS.
HARRY T. HOLDEN
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-2196 CRIMINAL
IN RE: OPINION PURSUANT TO RULE 1925
On March 24, 1998, the defendant, Harry T. Holden, Jr., was sentenced in the aggregate
to terms of not less than three nor more than five years in a state correctional institution.~ This
sentencing followed a nonjury trial which was conducted on a stipulated record on November 21,
1997. The defendant has now appealed.
In his statement of matters complained of on appeal, the defendant contends that the court
erred in refusing to suppress evidence in this case. He questions, specifically, the sufficiency of a
search warrant which was executed at the defendant's residence after an informant had made a
controlled purchase of marijuana. Matters pertaining to this search were heard by Judge Sheely
on June 3, 1997. On July 25, 1997, Judge Sheely filed a comprehensive opinion disposing of the
defendant's omnibus pretrial motion in a manner favorable to the Commonwealth. We
incorporate herein by reference the opinion of our former president judge. We are satisfied that
this opinion addresses the matters raised by the defendant on appeal.
May 11 t, 1998
K .... Hess, J.
~The mandatory minimum sentence in this case abrogates the normal rule that the
minimum not be more than one-half the maximum.
Shawn Wagner, Esquire
Deputy Attorney General
Lawrence J. Hracho, Esquire
For the Defendant
:rlm