Commonwealth, Aplt. v. Stotelmyer, D.

OPINION

Justice EAKIN.

This appeal by the Commonwealth raises the issue of whether a defendant is statutorily eligible, within the meaning of 42 Pa.C.S. § 9802, to receive a county intermediate punishment sentence when a mandatory minimum sentence applies under 18 Pa.C.S. § 7508. We conclude the Superior Court erred in holding such an offender is eligible, and accordingly, reverse.

After state police seized over two and one-half pounds of marijuana from appellee’s residence pursuant to a search warrant, appellee was charged with possession of a controlled substance with intent to deliver (PWID)1…