Commonwealth v. Driscoll

OPINION

MANDERINO, Justice.

Appellant, Patrick Driscoll, was charged with possession, possession with intent to deliver, and delivery of a controlled substance in violation of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-116, 780-130. Pre-trial motions were denied, and he was brought to trial before a judge and jury. A mistrial was declared because of the jury’s inability to reach a verdict. In appellant’s second trial, a jury found him guilty on all three counts. Post-verdict motions were denied, and sentence of three years probation was imposed.

Appellant then…