Gene Donta Carter v. Pennsylvania
DueProcess JusticiabilityDoctri
Did the sentencing court err in applying incorrect offense gravity scores in violation of the appellant's due process rights based on the unproven weight of drugs during sentencing for delivery/possession with intent to deliver controlled substances and criminal conspiracy?
QUESTION(S) PRESENTED | THE SENTENCING CURT ERRED IN APPLYING INCORRECT OFFENSE GRAVITY SCORES IN VIOLATION OF APPELLANT'S DUE PROCESS RIGHTS BASED : UPON THE UNPROVEN WEIGHT OF DRUGS IN THE COURSE OF SENTENCING HIM FOR DELIVERY/POSSESSION WITH INTENT TO DELIVER CONTROLLED oe SUBSTANCES AND CRIMINAL CONSPIRACY II. THE AGGREGATE SENTENCE OF 37-74 YEARS INCARCERATION RESULTING FROM THE IMPOSITION OF CONSECUTIVE SENTENCES CONSTITUTED A MANIFESTLY UNJUST, UNDULY HARSH SENTENCE GIVEN THE CIRCUMSTANCES _ OF THE NON-VIOLENT NATURE OF THE CASE.