No. 118 Harrisburg 1981, APPEAL FROM THE JUDGMENT OF SENTENCE OF APRIL 23, 1981 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, CRIMINAL, NO. 1151, 1152 (A, C.D., 80.
Lawrence A. Kalikow, Assistant Public Defender, Harrisburg, for appellant.
Katherene Holtzinger, Assistant District Attorney, Harrisburg, for Commonwealth, appellee.
Wickersham, Cirillo and Watkins, JJ.
[ 315 Pa. Super. Page 310]
A jury convicted Guy Boyd, Jr., of unlawful delivery of a controlled substance (heroin),*fn1 possession of a controlled substance (preludin),*fn2 and "possession of a misbranded controlled substance."*fn3 On April 23, 1981, the Court of Common Pleas of Dauphin County sentenced Boyd to eleven to twenty-three months in the county prison on the delivery charge, and six to twelve months in the county prison on each of the possession charges, all time to be served concurrently.
[ 315 Pa. Super. Page 311]
The court also sentenced Boyd to pay fines and costs on all three charges. This appeal followed.
The charge of delivery of heroin arose from an undercover drug investigation undertaken by the Harrisburg Police Department in March of 1980. The investigation focussed on suspected drug trafficking in the area of Third and Hamilton Streets in Harrisburg. Police employed a civilian, Larry Ferdinandus, to make undercover drug buys in the area. A surveillance team would covertly monitor Ferdinandus and photograph his transactions.
Pursuant to this undercover operation, on April 10, 1980, Detective Sergeant Linden Gates searched Ferdinandus, gave him $110.00 with which to purchase drugs, and dropped him off near the targeted area. At the corner of Third and Hamilton, Ferdinandus spotted appellant, whom he knew simply as "King." Ferdinandus approached "King" and asked in street jargon whether he had any heroin or cocaine for sale. "King" replied that he did, and the two went to a nearby vacant lot, where "King" gave Ferdinandus "a quarter T" of heroin in exchange for $25.00. After "King" had gone, Ferdinandus put the heroin in a glassine packet, which he marked with a "B" to denote heroin, with the name "King," and with the time of the transaction, 2:25 p.m. The surveillance team of officers Richard Schultz and Ronald Davis witnessed and photographed the meeting between Ferdinandus and "King." The officers could not clearly see the actual transaction, but they did recognize appellant from having seen him before in the area. Detective Gates picked up Ferdinandus at about 4:30 p.m., at which time Ferdinandus gave Gates the fruits of the day's activities, including the drugs bought from "King." Based on the sale, police drew up a complaint charging one "King" with unlawful delivery of a controlled substance.
On July 15, 1980, police culminated their investigation by rounding up suspected drug dealers implicated through the undercover operation. Detective Gates and Officer Davis found appellant, whom they still knew only as "King," in
[ 315 Pa. Super. Page 312]
the Wattstax Bar in uptown Harrisburg. They arrested appellant and seized from him an unlabelled plastic bottle containing fifteen pills later determined to be preludin, a controlled substance. Police then drew up an additional complaint charging appellant with possession of a controlled substance and "possession of a misbranded controlled substance." Based on the complaints, the ...