Defendant waived her assertion for immunity from prosecution for possession of a controlled substance by failing to assert immunity in the trial court in a pretrial motion, as statutory entitlement to immunity did not serve to divest the trial court of jurisdiction. Judgment of sentence affirmed.
March 16, 2017 at 12:00 AM
1 minute read
Possession of Controlled Substance • Immunity from Prosecution • Claim Preservation
Commonwealth v. Markun, PICS Case No. 17-0325 (Pa. Super. Feb. 27, 2017) Musmanno, J. (15 pages).
Defendant waived her assertion for immunity from prosecution for possession of a controlled substance by failing to assert immunity in the trial court in a pretrial motion, as statutory entitlement to immunity did not serve to divest the trial court of jurisdiction. Judgment of sentence affirmed.
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