Commonwealth v. Carmichael

OPINION BY GRACI, J.:

¶ 1 Appellant, Marshall Carmichael (“Carmichael”), appeals from a judgment of sentence entered in the Court of Common Pleas of Philadelphia County on July 16,1998. For the reasons set forth herein, Carmichael’s claim is dismissed without prejudice and the judgment of sentence is affirmed.

I. FACTUAL AND PROCEDURAL HISTORY

¶2 The events underlying Carmichael’s arrest and conviction were aptly summarized as follows by a panel of this Court in Carmichael’s first direct appeal:

On April 11, 1996, Carmichael and an accomplice walked into a West Philadelphia speak-easy (an…