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COMMONWEALTH PENNSYLVANIA v. THOMAS MCCARTHY (12/18/81)

filed: December 18, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
THOMAS MCCARTHY, APPELLANT



No. 583 Philadelphia, 1980, Appeal from Order of the Court of Common Pleas, Criminal Division of Lehigh County, Nos. 928-931 of 1978.

COUNSEL

James A. Bartholomew, Allentown, for appellant.

James Knoll Gardner, Assistant District Attorney, Allentown, submitted a brief on behalf of Commonwealth, appellee.

Hester, Cavanaugh and Van der Voort, JJ.

Author: Per Curiam

[ 296 Pa. Super. Page 143]

This is an appeal from an order of the Court of Common Pleas of Lehigh County. The procedural history and facts relevant to the issue on appeal are as follows:

Appellant was charged with possession with intent to deliver, and delivery of both cocaine and heroin, and conspiracy to deliver marijuana on eight counts in four criminal informations.

On January 15, 1979, appellant pleaded guilty to two counts of delivery of cocaine and one count of delivery of heroin, pursuant to a plea bargain wherein the Commonwealth

[ 296 Pa. Super. Page 144]

    agreed to nolle pros the two charges of conspiracy relating to delivery of marijuana.

On March 6, 1979, appellant was sentenced to five to twelve years incarceration. After his Motion for Reconsideration of Sentence was denied, this appeal followed.

Appellant contends the sentence imposed constituted an abuse of discretion because it was excessive and because the trial court considered character and reputation evidence that appellant was a major drug dealer in marijuana in Allentown.

We are unable to reach the merits of this appeal due to the fact that the same was not timely filed, and ...


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