Commonwealth v. Learn

CIRILLO, President Judge:

This is an appeal from an order of the Erie County Court of Common Pleas denying appellant, John F. Learn’s, motion to dismiss on the basis of double jeopardy. Appellant was charged with delivery of a controlled substance (marijuana), possession of a controlled substance and possession with intent to deliver. After a five hour trial, the jury retired for deliberations. It deliberated for a day and one-half and then informed the court that it was deadlocked. Defendant’s counsel specifically requested that the court not grant a mistrial but rather send the jury back for…