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Commonwealth v. Manuel

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eBook details

  • Title: Commonwealth v. Manuel
  • Author : In the Superior Court of Pennsylvania
  • Release Date : January 27, 2004
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

1 Dr. Laureano M. Manuel (Manuel) appeals from the judgment of sentence entered following a jurys determination of his guilt on two counts of Medicaid Fraud, 62 Pa.C.S. 1407(a)(6); one count of Prescription of a Controlled Substance Not in Accordance with Treatment Principles, 35 Pa.C.S. 780-113(a)(14); and two counts of Prescription of a Controlled Substance to a Drug Dependent Person, 35 Pa.C.S. 780-113(a)(13). Manuel asserts that the trial court erred when it failed to order a hearing to determine Manuels competency to stand trial and that his trial counsel was ineffective for failing to request such a hearing. Manuel also claims that the trial court improperly acted as an advocate for the Commonwealth during the courts direct questioning of a witness. In a question of first impression to this Court, Manuel asserts that the evidence supporting his conviction for Prescription of a Controlled Substance not in Accordance with Medical Treatment Principles was insufficient because the Commonwealths case lacked appropriate expert medical testimony. Finally, Manuel contends the court erred in imposing a mandatory sentence based on the aggregate weight of the prescribed pills. For the foregoing reasons, we affirm the judgment of sentence.


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