No. 26 March Term, 1979, No. 28 March Term, 1979, Appeal from Judgments of Sentence of the Court of Common Pleas of York County, Criminal Division, at No. 407 CD 1978
Allen H. Smith, York, for appellants.
John C. Uhler, District Attorney, York, for Commonwealth, appellee.
Cercone, President Judge, and Watkins and Montgomery, JJ.
[ 288 Pa. Super. Page 222]
This is an appeal from the judgment of sentence by the Court of Common Pleas of York County. Appellants Tina Sue Herman and David Alan Moser were convicted by a jury on September 20, 1978 for possession of drugs with intent to deliver in violation of the Controlled Substance, Drug, Device, and Cosmetic Act.*fn1 After the denial of their post-verdict motions, appellant Herman was sentenced to thirty days imprisonment with a subsequent period of eleven months probation and, appellant Moser was sentenced to not less than three nor more than twelve months imprisonment. From their respective judgments of sentence, appellants filed individual appeals which were later consolidated for our review.*fn2 On appeal, they raise four issues seeking reversal: (1) that the Commonwealth failed to establish a proper chain of custody with respect to marijuana seized from appellants' apartment; (2) that the Commonwealth failed to prove that the particular kind of marijuana found was of the kind prohibited by law; (3) that the Commonwealth failed to adequately prove that appellants were not licensed to legally possess marijuana; and (4) that the Commonwealth failed to prove the existence of a corpus delicti independent of appellants' admissions. Since we find these issues to be devoid of merit, we affirm the judgment sentence entered by the lower court.
On March 3, 1978, Pennsylvania State Police Officers Phillip George and Robert Kessler, assisted by two agents from the State Drug Enforcement Bureau and a York City Police Detective, entered the appellant's second floor apartment at 219 South Pine Street in the City of York pursuant to a search warrant. They were let into the apartment by appellant Moser, whereupon a search of the apartment ensued. In entering the bedroom Trooper George came upon a table upon which were found nine plastic bags containing varying amounts of marijuana, a plastic bag containing
[ 288 Pa. Super. Page 223]
marijuana seeds, a scale, a shopping bag, and a cardboard box containing plastic bags and ties. These items were secured by the police officer. On top of the scale a note was found which stated as follows:
It's in the bag all weighed out. I hope you don't get mad. I'll tell you about everything when I get home.
Approximately twenty to thirty minutes after the law enforcement agents entered the second floor apartment, appellant ...