Commonwealth v. McCamey

OPINION BY

SHOGAN, J.:

Appellant, Patrick Shawn McCamey, appeals from the judgment of sentence entered on January 28, 2016, in the Mercer County Court of Common Pleas following the trial court’s denial of a motion for a mistrial. We affirm the order denying Appellant’s motion for a mistrial; however, after reviewing the legality of the sentence imposed, we are constrained to vacate Ap pellant’s judgment of sentence and remand for resentencing.

The record reflects that on the afternoon of September 28, 2014, Pennsylvania State Police Trooper Timothy Callahan responded to a report of a suspicious…