| COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP No. 1507 MDA 2009 2010 PA Super 111 Atlantic: n/a Filed: 6/18/2010 | |
| Appeal from the Judgment of Sentence entered July 24, 2009 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0000081-2007 | |
| Before: BENDER, PANELLA and LAZARUS, JJ. | |
| Opinion by: BENDER, J. | |
| Sean Eugene Tapp appeals the judgment of sentence imposed following his conviction on retrial of Possession With Intent to Deliver, 35 P.S. § 780-113(a)(30). The sentencing judge imposed a term of incarceration double that imposed after the first trial, consigning Tapp to the statutory maximum sentence of ten to twenty years. Tapp now contends that the sentence imposed was presumptively vindictive pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), and argues that the trial court failed to provide an adequate explanation for the sentence imposed, thus violating the holding in Pearce. We find Tapp’s contention without merit. Accordingly, we affirm his judgment of sentence. | |
Friday, June 18, 2010
COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP
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