Commonwealth v. Cortez

OPINION BY

KLEIN, J.:

¶ 1 Defendant Hinginio Cortez appeals from the judgment of sentence following conviction for two counts of Possession with Intent to Deliver (PWID) a controlled substance. We deny the motion for a new trial based on improper consolidation of charges on the two separate occasions, but we grant the motion to vacate the judgment of sentence and remand for re-sentencing.

¶ 2 Cortez raises two issues for our review: (1) whether the trial court erred in consolidating two separate PWID charges *1047for trial; and (2) whether the trial court abused its discretion in sentencing Cortez to…