Tuesday, November 18, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JEFFREY ALLEN TEETER

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY ALLEN TEETER
No. 2005 WDA 2005 2008 PA Super 272 Atlantic: 961 A.2d 890 Filed: 11/18/2008

Appeal from the Judgment of Sentence August 1, 2005
In the Court of Common Pleas of Bedford County
Criminal at No(s): 430 for 2004
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BENDER, BOWES, GANTMAN, and SHOGAN, JJ.
Opinion by: STEVENS, J.
Concurring and Dissenting Opinion by: KLEIN, J.
Defendant Jeffery Teeter appeals from the judgment of sentence entered after a jury convicted him of possession with intent to deliver cocaine (“PWID”), criminal use of a communication facility, possession of a controlled substance, corruption of minors, and possession of drug paraphernalia, charges stemming from his intended sale of drugs at the residential driveway of a 17-year-old buyer. Sentenced to not less than three years or more than six years’ incarceration on PWID, Teeter first claims the trial court erred in imposing an additional two year mandatory sentence under 18 Pa.C.S.A. § 6314(b)(4), a sentencing enhancement for selling drugs within 500 feet of a school bus stop. His second claim challenges the denial of his pretrial motion to suppress evidence obtained from a vehicle search he contends was performed without either probable cause or his voluntary consent. We affirm.
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