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COMMONWEALTH PENNSYLVANIA v. VICTOR M. RAMIREZ (09/29/87)

filed: September 29, 1987.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
VICTOR M. RAMIREZ, APPELLANT. COMMONWEALTH OF PENNSYLVANIA, APPELLEE, V. JOSE VALENTIN, APPELLANT



Appeal from Judgment of Sentence August 23, 1985, in the Court of Common Pleas of York County, Criminal No. 239 CA 1985. Appeal from Judgment of Sentence August 23, 1985, in the Court of Common Pleas of York County, Criminal No. 183 CA 1985.

COUNSEL

John R. Gailey, Jr., York, for appellants.

Mark Bellavia, Assistant District Attorney, York, for Com., appellee.

Cirillo, President Judge, and Olszewski and Hester, JJ.

Author: Olszewski

[ 367 Pa. Super. Page 478]

This is a consolidated appeal from the judgments of sentence entered after appellant-Valentin pleaded guilty to delivery of a controlled substance (No. 669 Harrisburg 1985) and after appellant-Ramirez pleaded guilty to delivery

[ 367 Pa. Super. Page 479]

    of a controlled substance and possession of a controlled substance (No. 670 Harrisburg 1985). In this appeal, we must decide whether the sentences imposed by the trial court were barred either by Section 111 of the Crimes Code or on the constitutional ground of double jeopardy.*fn1 For the reasons stated below, we affirm the judgments of sentence.

Appellants were charged in February of 1985, in York County, with several drug-related offenses. In May of 1985, appellants were indicted by a federal grand jury on drug-related offenses arising out of the same occurrence of events. On June 13, 1985, appellants pleaded guilty to most of the Commonwealth charges. Appellant-Valentin pleaded guilty to delivery of a controlled substance, and appellant-Ramirez pleaded guilty to delivery of a controlled substance and possession of a controlled substance. Subsequently, on August 6, 1985, appellants appeared before the United States District Court for the Middle District of Pennsylvania. Appellant-Valentin entered a plea of guilty to conspiracy and received a sentence of eight years' imprisonment. Appellant-Ramirez entered a plea of guilty to possession with intent to distribute and was sentenced to five years' imprisonment. On August 23, 1985, appellants appeared before the Court of Common Pleas of York County and were sentenced. Appellant-Valentin was sentenced to four to eight years' imprisonment, and appellant-Ramirez was sentenced to five to ten years' imprisonment on the charge of delivery of a controlled substance and was sentenced to twelve months' probation on the charge of possession of a controlled substance.

[ 367 Pa. Super. Page 480]

Timely motions to modify sentence and to withdraw guilty plea were filed and denied by the trial court. Appellants thereafter filed notices of appeal to this Court.

Appellants contend that the sentences imposed by the trial court were barred either by Section 111 of the Crimes Code (18 Pa.C.S.A. ยง 111) or on the constitutional ground of double jeopardy.*fn2 Specifically, appellants argue that the trial court was barred from imposing their sentences since appellants had been convicted and sentenced previously in federal court for offenses based upon the same conduct. In this appeal, appellants request that we vacate their sentences and discharge them from imprisonment. We refuse to do so.

Our analysis of this appeal must begin with a determination of whether Section 111 is applicable since we need only consider the double jeopardy argument if it is determined that Section 111 does not allow the requested relief. See Commonwealth v. Hude, 500 Pa. 482, 458 A.2d 177 (1983); Commonwealth v. ...


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