| COMMONWEALTH OF PENNSYLVANIA v. SCOTT MARION No. 68 MDA 2008 2009 PA Super 174 Atlantic: 981 A.2d 230 Filed: 9/2/2009 | |
| Appeal from the Judgment of Sentence December 11, 2007 In the Court of Common Pleas of Centre County Criminal, Nos. CP-14-CR-0001198-2007and CP-14-CR-0001199-2007 | |
| Before: ORIE MELVIN, GANTMAN, AND CLELAND, JJ. | |
| Opinion by: GANTMAN, J. | |
| Appellant, Scott Marion, appeals from the judgment of sentence entered in the Centre County Court of Common Pleas, following his jury trial conviction for delivery of marijuana, possession with intent to deliver a controlled substance (“PWID”), possession of small amount of marijuana for personal use, and criminal use of communication facility. Appellant asks us to determine whether the trial court erred when it (1) directed the jury to continue deliberations; (2) found Appellant failed to establish an entrapment defense; and (3) imposed a mandatory minimum sentence under the “drug-free school zone” sentencing provision at 18 Pa.C.S.A. § 6317. We hold (1) the court’s jury instruction in the face of deadlock was appropriate; (2) Appellant failed to establish an entrapment defense; and (3) the court properly sentenced Appellant under the “drug-free school zone” sentencing provision at 18 Pa.C.S.A. § 6317. Accordingly, we affirm. | |
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