Commonwealth v. Wilson

OPINION BY

KLEIN, J.:

¶ 1 Appellant Omari K. Wilson, a/k/a Kevin Weedon, appeals pro se from his sentence of 4-10 years’ imprisonment for unlawful delivery of a controlled substance. We hold that when the only issue is a statutory sentencing enhancement, such as the sale of drugs within 1,000 feet of a school, the Commonwealth must present its evidence at the initial sentencing hearing. This may include evidence from the trial and additional evidence presented at the sentencing hearing. If the Commonwealth fails to present such evidence, the defendant must be re-sentenced without the school…