Tuesday, August 5, 2008

Superior Cout 8/5/08 - COMMONWEALTH OF PENNSYLVANIA v. MONROE WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v. MONROE WILLIAMS
No. 1075 EDA 2007 2008 PA Super 177 Atlantic: n/a Filed: 8/5/2008
Appeal from the Judgment of Sentence entered on April 4, 2007, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No(s). CP-51-CR-0700991-2005
Before: LALLY-GREEN, SHOGAN AND HUDOCK, JJ.
Opinion by: LALLY-GREEN, J.
Appellant, Monroe Williams, appeals from the trial court’s April 4, 2007, judgment of sentence. We affirm.

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Appellant raises one issue for our review:

Did not the Commonwealth fail to establish that defendant possessed a controlled substance with
intent to deliver within 1000 feet of a school, as it failed to demonstrate that the school was open at the time of the incident, and therefore, did not the lower court err in applying the mandatory sentence pursuant to the drug free school zone statute, 18 [Pa.C.S.A.] § 6317?

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