HomeMy WebLinkAbout01-0075 CriminalCOMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v. CHARGES:
DEMARO A. GUMBY
OTN: L079566-4
(1) UNLAWFUL POSSESSION
WITH INTENT TO DISTRIBUTE
SMALL AMOUNT OF
MARIJUANA
(2) UNLAWFUL POSSESSION OF
SMALL AMOUNT MARIJUANA
NO. 01-0075 CRIMINAL TERM
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
Oler, J., July 31,2001.
In this criminal case, Defendant was found guilty by the undersigned judge
following a nonjury trial of unlawful possession with intent to distribute but not to sell a
small amount of marijuana~ and unlawful possession of a small amount of marijuana.2
He was sentenced to pay the costs of prosecution and a fine of $100.00 with respect to the
former offense, and to pay the costs of prosecution and a fine of $50.00 as to the latter.3
From the judgment of sentence Defendant has filed an appeal to the Pennsylvania
Superior Court.4 The sole basis for the appeal is that a pretrial ruling denying a motion to
5
suppress filed by Defendant was erroneous.
Act of April 14, 1972, P.L. 233, §13(a)(31) as amended, 35 Pa. C.S. §780-113(a)(31) (2001); see Order
of Ct., May 15, 2001.
Act of April 14, 1972, P.L. 233, §13(a)(31), as amended, 35 Pa. C.S. §780-113(a)(31) (2001); see Order
of Ct., May 15, 2001.
Order of Ct., June 19, 2001.
Def.'s Notice of Appeal, filed July 16, 2001.
Def.'s Concise Statement of Matters Complained of on Appeal, filed July 30, 2001.
The reasons for the pretrial ruling on the suppression motion were set forth in an
opinion by the Honorable Edward E. Guido, dated May 1, 2001, which accompanied the
order denying the motion.6 The rationale thus expressed is adopted herein in support of
the propriety of the judgment of sentence appealed from.
BY THE COURT,
The Honorable Edward E. Guido
Michelle Sibert, Esq.
Senior Assistant District Attorney
William G. Braught, Esq.
Assistant Public Defender
:re
J. Wesley Oler, Jr., J.
6 S~'¢ Op. and Order of Ct., May 1, 2001 (Guido, J.).