Commonwealth v. Fisher

BECK, Judge.

The issue is whether a defendant can be found guilty of the crime of solicitation to deliver drugs where the facts show he could not have been found guilty of the underlying crimes of delivery of drugs or possession with the intent to deliver drugs. Because we find that the legislature specifically prohibits such a charge, we vacate appellant’s judgment of sentence.

Agents from the Scranton/Lackawanna County Drug Task Force confiscated a beeper from a local drug dealer. With the assistance of the dealer’s driver (the informant), the agents set up a “reverse sting operation.” That…