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COMMONWEALTH PENNSYLVANIA v. JUAN T. RODRIGUEZ (10/17/88)

decided: October 17, 1988.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
JUAN T. RODRIGUEZ, APPELLANT



Appeal from the Order of the Superior Court entered September 17, 1986 at No. 483 Harrisburg, 1985 affirming the judgment of sentence of the Court of Common Pleas of Lebanon County entered July 3, 1985 at No. 62, 1984.

COUNSEL

Paul W. Kilgore, Lebanon, for appellant.

Thomas S. Long, Dist. Atty., David J. Brightbill, Asst. Dist. Atty., Lebanon, for appellee.

Robert A. Graci, Chief Deputy Atty. Gen., Harrisburg, amicus curiae.

Nix, C.j., and Larsen, Flaherty, McDermott, Zappala, Papadakos and Stout, JJ. Zappala, J., files a dissenting opinion in which Larsen, J., joins.

Author: Mcdermott

[ 519 Pa. Page 417]

OPINION

Juan T. Rodriguez appeals from the order of the Superior Court affirming the judgment of sentence entered by the Court of Common Pleas of Lebanon County following his conviction of delivery of methamphetamine in violation of Pennsylvania's Controlled Substance, Drug, Device and Cosmetic Act.*fn1

The relevant facts of this case are as follows. In 1983, Vicki Schauer, a resident of Lebanon County, had a seven year old son. Ms. Schauer, an admitted drug user, was concerned about the prevalence of drugs in the community, and the effects that such a presence might have on her child. She contacted the Lebanon County Police and provided a list of persons from whom she had previously purchased narcotics. Appellant's name was included on that list. Ms. Schauer indicated that she had purchased fifteen doses of LSD from appellant in the Lebanon Village parking lot.

Based on this information, the investigating detective prepared a request for a consensual investigation. The request was approved by the Lebanon County District Attorney. Ms. Schauer was then fitted with a body transmitter. She proceeded to 69 Lebanon Village where she met Val Padillas and inquired about the purchase of methamphetamine. Mr. Padillas indicated that he did not have any "meth." However, appellant stepped forward and offered some for sale. Ms. Schauer purchased the methamphetamine from appellant.

This transaction was transmitted to the police and recorded. Ms. Schauer turned over the evidence to the police and appellant was arrested and charged with one count of delivery of methamphetamine. Appellant was convicted and sentenced to four to eight years incarceration. Superior Court affirmed the judgment of sentence. Appellant

[ 519 Pa. Page 418]

    petitioned for allowance of appeal, and we ...


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