Appeal from judgments of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Dec. T., 1972, No. 0202A, in case of Commonwealth of Pennsylvania v. Richard C. Lane.
John H. Corbett, Jr., Trial Defender, John J. Dean, Chief, Appellate Division, and George H. Ross, Public Defender, for appellant.
Robert L. Eberhardt, Assistant District Attorney, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Spaeth, J.
[ 236 Pa. Super. Page 463]
Appellant made four separate sales of heroin to undercover agents over a two-week period and as a result was indicted on two bills, each bill having two counts charging possession with intent to deliver a controlled substance,*fn1 two counts charging possession of a controlled substance,*fn2 and two counts charging delivery of a controlled substance.*fn3 At a jury trial before Judge Strauss, demurrers to the counts charging possession with intent to deliver were sustained, but appellant was convicted on the possession and delivery counts. Following a pre-sentence investigation and report, he was sentenced as follows:
On indictment number 10367A --
Count 1 -- Possession with intent to deliver -- demurrer sustained;
Count 2 -- Delivery -- fine plus five to ten years in prison;
[ 236 Pa. Super. Page 464]
Count 3 -- Possession -- two to four years in prison, to run concurrently to Count 2;
Count 4 -- Delivery -- two to four years, consecutive to Count 2;
Count 5 -- Possession with intent to deliver -- ...