Commonwealth v. Martinez

PRICE, Judge:

Appellant, Efrain Martinez, appeals from the judgment of sentence imposed after his conviction for unlawful delivery of a controlled substance. 1 Appellant claims that the trial court erred in permitting the Commonwealth’s introduction, in its case in chief, of evidence of appellant’s subsequent criminal activity. 2 We agree and, therefore, grant appellant a new trial.

The following facts were adduced at trial. At approximately 7:20 p.m. on May 1, 1978, Officer Joel Hicks and an informant, Stephanie Lynch, entered DiNunzio’s Spaghetti House in Lebanon, Lebanon County. Shortly…