Wednesday, September 10, 2008

Superior Court 9/10/2008 - COMMONWEALTH OF PENNSYLVANIA v. WENDELL LAMONT PARKER

COMMONWEALTH OF PENNSYLVANIA v. WENDELL LAMONT PARKER
No. 1528 MDA 2007 2008 PA Super 208 Atlantic: n/a Filed: 9/10/2008
Appeal from the Judgment of Sentence Entered August 29, 2007In the Court of Common Pleas of York CountyCriminal at No(s): CP-67-CR-0001535-2007
Before: STEVENS, PANELLA and HUDOCK, JJ.
Opinion by: PANELLA, J.
Appellant, Wendell Lamont Parker, appeals from the judgment of sentence entered on August 29, 2007, by the Honorable John S. Kennedy, Court of Common Pleas of York County. After careful review, we affirm.

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On appeal, Parker raises the following issues for our review:
1. Whether the trial court erred in denying the
defendant’s Motion to Suppress when the evidence
used against him was seized following an unlawful
detention and an unlawful pat-down search of his
person that was not supported by probable cause or
reasonable suspicion of ongoing criminal activity nor
that the defendant was armed and dangerous, and
the search exceeded its permissible scope[?]
2. Whether the evidence was sufficient to support the
jury’s verdict finding the defendant guilty of Criminal
Attempt to Deliver a Noncontrolled Substance?
3. Whether the trial court erred in denying the
defendant’s Motion for Mistrial after the police officer
implied to the jury that the defendant had been
involved in prior criminal activity?

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