COM. v. GUERRERO


435 Pa.Super. 440 (1994)

646 A.2d 585

COMMONWEALTH of Pennsylvania v. Juan GUERRERO, Appellant.

Superior Court of Pennsylvania.

Filed August 19, 1994.


Attorney(s) appearing for the Case

William P. Wismer, Asst. Public Defender, Allentown, for appellant.

Theodore R. Racines, Asst. Dist. Atty., Allentown, for Commonwealth, appellee.

Before McEWEN, OLSZEWSKI and DEL SOLE, JJ.


OLSZEWSKI, Judge.

Juan Guerrero appeals the judgment sentencing him to three-to-six years imprisonment for possession and possession with intent to deliver heroin. Guerrero brings only one challenge: he contends that the heroin found in his camera bag should have been suppressed since he had not consented to the police search which revealed it. We agree, and order a new trial.

In reviewing an order from a suppression court, we consider the Commonwealth's evidence...

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