Appeal from the Order of June 13, 2011 in the Court of Common Pleas of Fayette County Criminal Division at No(s): CP-26-CR-0000234-2011
The opinion of the court was delivered by: Mundy, J.
BEFORE: MUNDY, OLSON, AND COLVILLE,* JJ.
Appellant, Frank D. Sabula, appeals from the portion of the trial court's June 13, 2011 order, dismissing his pretrial motion to enforce a pre-arrest agreement by the Commonwealth not to prosecute Appellant on the instant charges. Because we determine the challenged portion of the order is not appealable as a collateral order, we quash the appeal.
The record discloses the following factual and procedural history. On July 27, 2010, Appellant, a suspect in a Fayette County Drug Task Force investigation, was the target in a controlled buy with a confidential informant. During the transaction, police arrested Appellant, and he and his vehicle were searched. The searches yielded quantities of heroin packaged for sale and various items of drug paraphernalia. During subsequent interrogations, Appellant made several inculpatory oral and written statements.
*Retired Senior Judge assigned to the Superior Court.
At the conclusion of the officer's investigation in this case, Officer [Ryan] Reese talked with the [Appellant] about possibly securing his cooperation as an informant to set up his drug supplier and to have his supplier deliver a pound of heroin to Fayette County, Pennsylvania. Officer Reese agreed that if [Appellant] could arrange to have his drug supplier make a delivery of a pound of heroin to Connellsville in a police controlled transfer, he would not file charges against [Appellant] in the present case.
Prior to entering into this agreement Reese did not speak with the District Attorney and did not obtain the District Attorney's authorization to make the agreement.
According to Detective Reese, [Appellant] set up a bogus transaction in which he arranged for an individual, who was not [Appellant's] drug supplier, to make a delivery to Connellsville.
[On December 21, 2010, h]aving determined that [Appellant] failed to comply with the agreement, Detective Reese filed a criminal complaint charging [Appellant] with the current charges arising out of the incident which occurred on July 21, 2010.
Trial Court Opinion, 9/16/11, at 5-6 (citations omitted).
Appellant was charged with delivery of a controlled substance (1.7 grams of heroin), possession of a controlled substance with intent to deliver (28.5 grams of heroin), possession of a controlled substance (28.5 grams of heroin), ...