(Download) "Commonwealth v. Manuel" by In the Superior Court of Pennsylvania * Book PDF Kindle ePub Free
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.