Commonwealth v. Arriaga

BECK, Judge:

Appellant raises a constitutional challenge to a sentencing provision for violation of the Controlled Substance, Drug, Device and Cosmetic Act which provides for heightened penalties for repeat offenders. See 18 Pa.C.S.A. § 7508(a)(3)(i). We find the provision constitutional and therefore affirm the judgment of sentence.

This is an appeal from a judgment of sentence imposed for delivery of a controlled substance (cocaine) and criminal conspiracy. The facts underlying appellant’s arrest and trial are irrelevant to this appeal as appellant’s sole issue is the constitutionality of the…