Commonwealth v. Lucci

FORD ELLIOTT, Judge:

This is an appeal from the judgment of sentence entered on May 23, 1994, in the Court of Common Pleas, Criminal Division, Beaver County. For the reasons set forth below, we vacate the judgment of sentence and find entrapment of the appellant as a matter of law. Because our vacatur moots the issue of the propriety of appellant’s sentence raised by the Commonwealth, as well as the other issues raised by appellant, we do not reach those issues. 1

A brief review of the record is appropriate at this time. Following a trial by jury, appellant was found guilty of four out of five…