Commonwealth v. Markun

OPINION BY BOWES, J.:

Sarah Katherine Markun appeals from the judgment of sentence of one year of probation imposed following her conviction for possession of a controlled substance. The sole issue on appeal is whether Appellant waived the immunity provisions contained within the Drug Overdose Response Act, 35 P.S. § 780-113.7 (hereinafter "the Act"), by failing to assert that issue in a pre-trial motion. We conclude that immunity under the Act is not a defense and is nonwaivable. We further find that the Act serves to bar the instant prosecution. Hence, we vacate the conviction.

The trial…