Commonwealth v. Hernandez

¶ 1 Appellant, Jose Hernandez, brings this appeal from the judgment of sentence to serve a term of imprisonment of from five years to ten years, imposed after a jury found him guilty of one count of possession with intent to deliver a controlled substance (marijuana). We are compelled to vacate the judgment of sentence.

¶2 The factual history of this appeal commenced on October 21, 2004, in Bensa-lem Township, Bucks County, Pennsylvania. On that date, appellant was driving a U-Haul truck when he was stopped by Bensalem Township police officers, who had previously received information that…