Commonwealth v. Gindlesperger

CERCONE, President Judge Emeritus:

This is an appeal nunc pro tunc1 from the judgment of sentence entered upon appellant’s conviction of possession of marijuana2 and manufacture of a controlled substance (marijuana).3 We vacate the judgment of sentence.

We adopt the lower court’s statement of the pertinent facts of the case: ■

Pursuant to a search warrant issued on April 9, 1994, police officers entered the basement area of the defendant’s residence and seized approximately 21 marijuana plants. The probable cause for the search warrant was based, in part, on information provided by a…