Commonwealth v. DeLong

STEVENS, J.:

¶ 1 This is an interlocutory appeal as of right from the order1 entered by the Court of Common Pleas of Berks County, which denied Appellant’s motion to dismiss Possession With the Intent to Deliver (PWID) and Delivery of Methamphetamine charges on grounds of double jeopardy, collateral estoppel, and autrefois acquit. We affirm.

¶ 2 The pending jury trial will be Appellant’s second on the above offenses. In Appellant’s first trial, a jury convicted him of PWID and Delivery, and acquitted him of the lesser included charge of simple possession.2 The trial court set aside the…