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Melissa Wandell (Wandell) and Savage made arrangements for Savage to pick up Wandell and take her to Harrisburg to buy heroin. Wandell was to give Savage some Klonopin and Vyvanse, two medications that she was prescribed, and for Savage to pay for the heroin that they would share. Wandell called Ro-Ro's phone number multiple times. At some point, an individual identifying himself as 'J', later identified as D, answered the phone and indicated that Ro-Ro is his mom. Ro-Ro was unavailable, but D indicated that he could get the drugs if Wandell could pick him up at Hershey Medical Center. Savage and Wandell picked up D and went to Harrisburg, where D made contact with an unknown individual. D gave the individual the money, provided by Wandell and Savage, in exchange for fentanyl, which D handed to Wandell. At the next stop, D purchased crack cocaine [that Wandell had asked D to obtain. Savage then drove to a third and a fourth location so D could pick up a prescription for Suboxone, then have that prescription filled at Rite Aid. While Savage and Wandell waited, they used crack cocaine in the car. D then traded the Suboxone for heroin at yet another location. D and Wandell used crack cocaine in the car while Savage was driving. D, Wandell, and Savage drove to Martin Luther King Memorial Park in Harrisburg to get high. They parked and walked to a more secluded area. Wandell carried a 'kit' containing a spoon, a syringe, and a tie as well as the drugs for herself and Savage; D carried his own drugs. D and Wandell ingested [fentanyl] and D overdosed. Savage obtained Narcan from the car and used it on D. While D recovered, Savage ingested two bags of the [fentanyl] and passed out. Scott carried Savage back to the car and put him down at one point, allowing Savage to fall backwards and hit his head on the pavement. D and Wandell got Savage into the car and placed him in the back seat, propping him up with Savage's bookbag. Savage was passed out in the backseat. Upon arriving at her home, Wandell checked on Savage, then went into her room with D to ingest more drugs. Wandell and Scott went outside and again checked on Savage. Savage was alive but still passed out. Wandell checked on Savage three or four additional times. No one called 911 or sought help for Savage. Wandell's mother woke, and Wandell checked on Savage one more time. The next morning, Wandell took the remaining fentanyl, then left for her appointment at the methadone clinic. She looked in on Savage and thought she felt a pulse. She returned and again looked in on Savage. Wandell's mother indicated that he did not look right, and Wandell could not find a pulse. Police and paramedics were summoned.CPR was performed on Savage, and an attempt was made to administer Narcan. Savage had antemortem contusions and abrasions to the scalp and face indicative of blunt force trauma. There were hemorrhages in the subarachnoid spaces that did not completely match the external injuries. He had used Klonopin, marijuana, and cocaine prior to his death, as well as fentanyl at toxic levels. The cause of death was determined to be mixed substance toxicity. Police charged D with DDRD and PWID, as well as third-degree murder, access device fraud, theft, receiving stolen property, and evidence tampering. After the trial, D argued that as addicts who planned to acquire and use drugs together, D, Savage, and Wandell had joint and simultaneous possession, and as such, D did not deliver drugs to Savage. The court held that there could not be a delivery between people using drugs together. The trial court instructed the jury on delivery as follows: The term deliver includes the actual or constructive transfer from one person to another of the controlled substance. It does not require the transfer to involve profit or the exchange of money. Rather, a transfer need only involve the conveyance of a controlled substance. A delivery may take place between two persons even though one of them is acting as an agent for the other. D was found guilty of DDRD, PWID, and several other crimes not pertinent to this appeal. The jury found D not guilty of third-degree murder and tampering with evidence. D appealed.

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