Simpson v. Commonwealth

EMBERTON, Judge.

This is an appeal from a judgment convicting the appellant, Garcia H. Simpson, of trafficking in cocaine as well as being a persistent felony offender in the first degree. The appellant was subsequently sentenced to seven years in prison; the sentence then being enhanced to ten years. On appeal, the single issue is whether the trial court erred, as a matter of law, in failing to suppress evidence obtained as a result of a search of the appellant by a police officer. We affirm the trial court’s ruling.

The substantive facts are that late in the afternoon of December 20, 1990, a…