Commonwealth v. Smith

SPAETH, Judge:

The question presented by this appeal is whether appellant’s counsel at the sentencing hearing was ineffective.

1

The facts are relatively simple. Appellant pleaded guilty to two counts of sale of heroin. At the sentencing hearing his counsel argued as a mitigating circumstance that appellant was not involved in drug trafficking but made the sales only to assist a young woman; according to counsel, the young woman was addicted and suicidal, so appellant sold her the heroin, at cost, to tide her over and on the condition that she seek help at a drug treatment center. In reply, the…