HomeMy WebLinkAbout02-0267 CRIMINAL COMMONWEALTH
SEAN ALAN HUFF
OTN: H429317-0
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-0267 CRIMINAL TERM
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
Oler, J., November 20, 2002.
IN this criminal case, Defendant was charged with unlawful possession of a small
amount of marijuana,~ and with unlawful possession of drug paraphernalia2 as the result
of an incident that occurred on December 16, 2001.3 Defendant filed an omnibus pretrial
motion to suppress on the basis of an allegedly unlawful stop of his vehicle.4 The motion
was denied following a hearing by the Honorable Kevin A. Hess of this court on April
17, 2002.5
Following a bench trial before the writer of this opinion, Defendant was found
guilty of unlawful possession of a small amount of marijuana and of unlawful possession
of drug paraphernalia.6 Defendant was sentenced on September 24, 2002, to pay the
costs of prosecution and a $50 fine for each violation.7
From the judgment of sentence, Defendant filed a direct appeal to the
Pennsylvania Superior Court on October 9, 2002.8 According to a statement of matters
Act of April 14, 1972, P.L. 233, §1, as amended, 35 P.S. §780-113(a)(31) Supp. 2002).
Id. §780-113(a)(32).
N.T. 11-18, Trial, July 29, 2002 (hereinafter N.T. __, Trial).
Defendant's Omnibus Pre-Trial Motion, filed March 26, 2002.
Order of Court, April 17, 2002 (Hess, J.).
N.T. 37, Trial.
N.T. 1-2, Sentencing Hearing, September 24, 2002.
Defendant's Notice of Appeal, filed October 9, 2002.
complained of on appeal, the sole issue being pursued by the Defendant is the correctness
of the court's suppression ruling.9
The rationale for the court's ruling on Defendant's suppression motion has been
provided in an opinion dated November 19, 2002, by Judge Hess. That opinion is
incorporated herein by reference in support of the judgment of sentence.
BY THE COURT,
Geoffrey Mclnroy, Esq.
Assistant District Attorney
H. Anthony Adams, Esq.
Assistant Public Defender
J. Wesley Oler, Jr., J.
9 Defendant's Concise Statement of Matters Complained of on Appeal, filed October 22, 2002.
2