Commonwealth v. Carroll

WIEAND, Judge:

Thomas Carroll was tried non-jury and was found guilty of possession of a controlled substance, i.e., heroin, and possession thereof with intent to deliver.1 Post-trial motions were denied, and Carroll was sentenced to serve a term of imprisonment for not less than five (5) months nor more than twelve (12) months, plus a concurrent period of probation for sixty (60) months. A petition by the Commonwealth to reconsider the sentence was denied, and this appeal followed. The Commonwealth contends that the sentencing court erred by refusing to impose the mandatory sentence of…