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10/07/97 COMMONWEALTH PENNSYLVANIA v. RASHIED

October 7, 1997

COMMONWEALTH OF PENNSYLVANIA
v.
RASHIED WRIGHT, APPELLANT



Appeal from the Judgment of Sentence of the Court of Common Pleas of York County, Criminal Division, No. 955 CA 1996, Entered October 22, 1996.

Before: Del Sole, J., Saylor, J., and Cercone, P.j.e. Opinion BY Cercone, P.j.e.

The opinion of the court was delivered by: Cercone

OPINION BY CERCONE, P.J.E.:

Filed October 7, 1997

This is an appeal from the judgment of sentence upon appellant's conviction of possession with intent to deliver cocaine *fn1 and criminal conspiracy. *fn2 We affirm.

On December 15, 1995, Detective James McBride, of the city of York police department, observed Jason Bowie and Michael Burris delivering clear zip-lock baggies out of a car to various individuals for cash. After the vehicle drove away, the police stopped it, and seized cocaine, marijuana, and cash from Bowie and Burris. Bowie and Burris were arrested, charged as juveniles, and later certified to adult court. Detective McBride entered into an agreement with Burris in exchange for his cooperation in the police investigation. Pursuant to that agreement, Burris made a statement indicating who had supplied him with the drugs. *fn3

Based on Burris' statement, Detective McBride obtained a search warrant for Room 131 of the Budget Inn in Springettsbury, which was registered in appellant's name. On the morning of December 16, 1995, the police executed the warrant. Appellant was inside the room along with Maurice Jackson and a woman, Khaidjah Jamison. The police seized cash, pagers, and 8.4 grams (N.T., July 15-16, 1996, at 69-70) of cocaine from the room. The cocaine was found on the two double beds in the motel room and on the woman's person.

Appellant was charged with the above-named offenses, and was convicted of both after a jury trial. The lower court sentenced appellant to a term of incarceration of six to ten years. Appellant then filed this timely appeal of the judgment of sentence in which he raises the following issues:

1. Whether the lower court erred in denying appellant's motion to suppress evidence on the basis that the search warrant was defective and the police lacked probable cause to search?

2. Whether the lower court erred in advising defense witness Maurice Jackson that if he proceeded to testify on appellant's behalf, he may be charged with perjury?

3. Whether the lower court erred in advising defense witness Maurice Jackson that if he proceeded to testify on behalf of appellant, the court would set aside his previous plea of guilty and would compel Jackson to proceed to trial?

4. Whether the lower court erred in denying appellant's motion for a mistrial after Maurice Jackson then refused to testify?

5. Whether the lower court erred in sentencing appellant by considering drugs possessed by Jason Bowie as being attributable to appellant when Bowie did not testify at trial, and there was no other evidence presented at trial connecting the drugs possessed by him to appellant?

6. Whether the lower court erred in considering the drugs possessed by Bowie in imposing a mandatory three to six year sentence when without the weight of the drugs attributable to Bowie, the mandatory minimum would have been one to two years?

7. Whether the lower court erred in sentencing appellant to a term of six to ten years when appellant should have been sentenced to three to six years, plus a three year ...


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