Superior Court 9/4/2008 - COMMONWEALTH OF PENNSYLVANIA v. LAWRENCE LEE

COMMONWEALTH OF PENNSYLVANIA v. LAWRENCE LEE

No. 2239 EDA 2006 2008 PA Super 205 Atlantic: n/a Filed: 9/4/2008
Appeal from the Judgment of Sentence June 14, 2005 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP#0205-1196
Before: PANELLA, HUDOCK, and FITZGERALD?, JJ
Opinion by: PANELLA, J.
Appellant, Lawrence Lee, appeals from the judgment of sentence entered on June 14, 2005, by the Honorable Rose Marie DeFino-Nastasi, Court of Common Pleas of Philadelphia County. After careful review, we affirm.

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Lee raises the following issues for our review:

A. WHETHER THE APPELLANT IS ENTITLED TO AN ARREST OF JUDGMENT ON THE CHARGE OF POSSESSION WITH INTENT TO DELIVER WHERE THE COMMONWEALTH FAILED TO PROVE EACH ELEMENT OF THE CRIME BEYOND A REASONABLE DOUBT – SPECIFICALLY, WHERE THE COMMONWEALTH FAILED TO ESTABLISH INTENT TO DELIVER?

B. WHETHER THE LEARNED TRIAL COURT ERRED BY DENYING THE APPELLANT’S CARROLL MOTION – SPECIFICALLY, BECAUSE THE FACTS INTRODUCED DURING THE MOTION ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE THAT THE APPELLANT WAS A HEAVY DRUG USER, THERE WAS NO SEPARATION OF DRUGS AS TO WHAT WOULD BE FOR PERSONAL USE OR DISTRIBUTION, AND AN EXPERT TESTIFIED THAT THE APPELLANT HAD THE NECESSARY DRUG HABIT THAT COULD BRING THE DRUGS FOUND BENEATH THE TWO-GRAM MANDATORY MINIMUM?