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COMMONWEALTH PENNSYLVANIA v. RAMIRO SANTOS CRUZ (04/20/79)

decided: April 20, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
RAMIRO SANTOS CRUZ, APPELLANT



No. 1709, October Term, 1978, Appeal from the Order of the Court of Common Pleas of Lancaster County, No. 2161 of 1977.

COUNSEL

Thomas G. Klingensmith, Assistant Public Defender, Lancaster, for appellant.

Ronald L. Buckwalter, District Attorney, Lancaster, for Commonwealth, appellee.

Cercone, Hester and Hoffman, JJ.

Author: Hoffman

[ 265 Pa. Super. Page 475]

Appellant contends that the lower court manifestly abused its discretion in sentencing appellant because it relied in part upon unsubstantiated hearsay that appellant dealt in large quantities of illegal drugs. We conclude that appellant has not preserved this issue for our review and, accordingly, affirm the judgment of sentence.

On March 22, 1978, appellant pled guilty to two counts of selling heroin in violation of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. ยง 780-113(f)(1). The charges stemmed from two sales, each of two packets of heroin. On May 12, 1978, the lower court sentenced appellant

[ 265 Pa. Super. Page 476]

    to serve two concurrent terms of imprisonment of two to ten years and to pay a $200 fine, restitution, and costs.

During the sentencing proceeding, the following relevant exchanges occurred:

"THE COURT: Anything else?

"DETECTIVE BRENEMAN: He's known to be what we would call a weight dealer. He has been known to deal in large quantities ...


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