Pennsylvania v. Cousins (majority)Annotate this Case
In July 2016, Appellant Markease Cousins was arrested on an active bench warrant. A search incident to arrest revealed that Appellant had in his possession 1.75 grams of cocaine. As a result, Appellant was charged with, and convicted of, possession of a controlled substance. As the conviction constituted a violation of Appellant’s probation for a prior conviction for conspiracy to commit burglary, the trial court sentenced Appellant to a term of one to five years incarceration for violating his probation. With regard to Appellant’s new conviction for possession of a controlled substance, the trial court imposed an additional sentence of one to three years incarceration based on the pre-sentence report which indicated Appellant had previously been convicted of possession of a small amount of marijuana and possession of drug paraphernalia. Specifically, the trial court applied the enhanced sentencing provision of 35 P.S. section 780-113(b). In this appeal by allowance, the issue presented for the Pennsylvania Supreme Court's review centered on whether the Superior Court erred in affirming the trial court’s application of the enhanced sentencing provision in 35 P.S. sections 780-101 et seq. After review, the Supreme Court concluded the Superior Court’s decision was correct, and, thus, affirmed its order.