Commonwealth v. Hoke

OPINION

Justice McCAFFERY.

We accepted this appeal to address a single issue: whether the mandatory minimum sentencing provision of 35 P.S. § 780-113(k) applies to a conviction for conspiracy to manufacture a controlled substance? The Superior Court held that this mandatory minimum sentencing provision does apply to a conspiracy to manufacture conviction. We vacate and remand.

Appellant, Brian William Hoke, Jr., was convicted of numerous charges stemming from his involvement in a methamphetamine manufacturing operation. He was convicted under the Controlled Substance, Drug, Device and Cosmetic…