Commonwealth v. Green

¶ 1 Samuel Green challenges his Judgment of Sentence of three to six years’ incarceration followed by two years’ probation under the applicable mandatory minimum statute, 18 Pa.C.S. § 7508, for possessing a controlled substance with intent to deliver, see 35 P.S. § 780-113(a)(30), and simple possession of a controlled substance, see 35 P.S. § 780-113(a)(16). See also 35 P.S. § 780-113(0(1.1) (providing a maximum penalty of ten years’ imprisonment and a maximum fine of $100,000 for a violation of § 780 — 113(a)(30) involving Phencyclidine). He contends that § 7508 offends the Pennsylvania…