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COMMONWEALTH PENNSYLVANIA v. JOHN WARREN YERGER (09/21/84)

filed: September 21, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN WARREN YERGER, APPELLANT



NO. 2699 Philadelphia, 1982, Appeal from the Judgment of Sentence of the Court of Common Pleas of Montgomery County, Criminal at No. 2896-81.

COUNSEL

Barry M. Miller, Norristown, for appellant.

J. William Ditter, III, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Brosky, Wieand and McEwen, JJ.

Author: Mcewen

[ 333 Pa. Super. Page 505]

This appeal was undertaken after appellant was determined by the distinguished Judge William T. Nicholas, sitting without a jury, to be guilty of possession with intent to deliver methamphetamine and of firearms offenses and

[ 333 Pa. Super. Page 506]

    sentenced to a prison term of four years to ten years.*fn1 We affirm.

A state trooper specializing in narcotics investigations, contrived to purchase methamphetamines from appellant through the cooperation of an informer known as "Sonny" and considered by the trooper to be reliable. After the informant confirmed to the trooper that appellant would appear for the sale at a designated location and specific hour, the trooper partially completed an affidavit of probable cause for the search of the automobile of appellant, reciting:

PROBABLE CAUSE BELIEF IS BASED ON THE FOLLOWING FACTS AND CIRCUMSTANCES

(See special instructions below):

I, the affiant, have been a member of the Penna. State Police for over six (6) years. I have worked as a narcotics investigator for over two (2) years and am currently assigned to the Office of Drug Law Enforcement, Region II Narcotics Strike Force, Reading, Penna.

On 31 Aug. 81, the affiant received information from a confidential informant who related that he was present during a conversation and learned that an individual known as "Sonny" from Norristown, was to receive a quantity of methamphetamine from an individual known as "Crazy John YERGER. This delivery is to take place in the parking lot of Alfalfa's located on Rt. 202, King of Prussia, Penna., at 6:00 PM on 31 Aug. 81. The informant gained this information through conversation with subjects who are to be the receivers of the methamphetamine.

The informant mentioned in this affidavit provided information to the Penna. State Police which has lead to the arrest of one (1) individual in Montgomery County for a vice violation. The informant also has supplied information and provided assistance in a current ongoing investigation in the Norristown area. This information has personally been verified through an independent investigation.

Examination of police records reflects that John Warren YERGER, aka "Crazy John YERGER" has been arrested three (3) times in the past for violation of the Drug ...


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