No. 1930 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Luzerne County at Nos. 1995 and 1996 of 1979.
Before Cercone, P.j., Wickersham and Brosky, JJ.
On November 26, 1979, appellant, Michael Scott appeared before the Honorable Robert J. Hourigan at the Luzerne County Courthouse, represented by Michael J. Cefalo, Esquire. Under a plea agreement reached by the defendant, his attorney and the Commonwealth, Michael Scott agreed to plead guilty to possession with intent to deliver and delivery of a controlled substance; further, that he would make restitution in the amount $1,200.00, which amount was paid by the undercover agent to the defendant for the purchase of the controlled substance. Joseph H. Byerly from the Drug Control Center testified under oath as follows:
Q Mr. Byerly, will you state the quantity and type of drug which is involved here?
A The substance was represented as methamphetamine, approximately one half ounce. Upon analyzation it was found to be chlordiazepoxide, Schedule 4, of the narcotic controlled substances.
A The quantity was not given by the lab.
THE COURT: Well, at the price I imagine it was a pretty good size sale.
THE WITNESS: Yes, it was. It was represented to be one half ounce of methamphetamine.
Q And was there a subsequent delivery of another drug to you on another date?
A On May 16th there was delivery of a substance analyzed by the lab to contain no detectible controlled substance. That was represented by the defendant to be one half ounce of cocaine.
Q Do you know what that actually was?
A I don't know the contents of that. It was analyzed and found to contain no detectible controlled substance.
THE COURT: What was the payment on that or did the $1,200.00 include both?
THE WITNESS: The $1,200.00 included both; $700.00 for the May 16th charge and $500.00 ...