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Commonwealth v. Peck

Pennsylvania Supreme Court

242 A.3d 1274 (2020)

Facts

Mitchell Peck (defendant) sold heroin to Kevin Hunt. The sale took place in Maryland. After purchasing the heroin, Hunt returned to his home in the Commonwealth of Pennsylvania (plaintiff) and ingested the drug. Hunt died of an overdose. Subsequently, Peck was arrested and charged with two crimes under the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (the drug act), namely delivery of a controlled substance and drug delivery resulting in death. Peck was convicted and sentenced to 20 to 40 years in prison after a criminal proceeding in Pennsylvania Superior Court. Peck appealed, arguing that he did not commit drug delivery resulting in death because the delivery did not occur in Pennsylvania, so the evidence was not legally sufficient.

Rule of Law

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Issue

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Holding and Reasoning (Donohue, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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