SUPERIOR COURT OF PENNSYLVANIA ORDERS RESENTENCING IN DRUG CASE ON DOUBLE JEOPARDY GROUNDS AND DUE TO IMPROPER CALCULATION OF PRIOR RECORD SCORE

Attorney Noel’s client pled guilty to delivering heroin laced with fentanyl to an undercover police officer.  At sentencing, the trial judge applied an incorrect prior record score based on the client’s two prior juvenile adjudications and also imposed separate sentences for the delivery charges – one for delivering heroin and one for delivering fentanyl.

Attorney Noel appealed the client’s sentence arguing that the trial judge’s imposition of separate sentences for delivering heroin and delivering fentanyl constituted a double jeopardy violation because the criminal conduct consisted of a single criminal act and both substances were contained in an inseparable mixture.  Attorney Noel also argued that the trial judge miscalculated her client’s sentencing guidelines by counting both of her client’s juvenile adjudications when, in fact, only one should have been counted.

In a published opinion, the Superior Court adopted both of Attorney Noel’s arguments in full, vacated her client’s sentence and remanded his case for resentencing. At resentencing, the trial court correctly calculated the sentencing guidelines and Attorney Noel’s client was sentenced to time served, achieving a significant reduction in his overall sentence.