Pennsylvania. v. Stotelmyer (majority)
Annotate this CaseAfter state police seized over two and one-half pounds of marijuana from appellee Dreama Stotelmyer's residence pursuant to a search warrant, she was charged with possession of a controlled substance with intent to deliver (PWID) and possession of drug paraphernalia. Appellee entered an open guilty plea to PWID, and the Commonwealth nolle prossed the remaining charge. After entry of the plea, the Commonwealth entered notice of its intent to seek application of the mandatory minimum one-year sentence of incarceration. After a hearing, the trial court determined the Commonwealth proved by a preponderance of the evidence that appellee possessed over two pounds of marijuana with the intent to distribute it, invoking 18 Pa.C.S. 7508's mandatory minimum sentencing provisions. However, the trial court instead sentenced appellee to county intermediate punishment, imposing six months of work release from the county jail followed by six months of electronic home monitoring. Following the denial (by operation of law) of its motion to modify sentence, the Commonwealth appealed to the Superior Court, and then to the Supreme Court. The Supreme Court, after review, concluded the Superior Court erred in holding that appellee was eligible for the intermediate punishment sentence when the mandatory minimum sentence under 18 Pa.C.S. 7508 applied.
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