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COM. v. PAUL

925 A.2d 825 (2007)

COMMONWEALTH of Pennsylvania, Appellant v. Ronald F. PAUL, Jr., Appellee.

Superior Court of Pennsylvania.

Filed May 15, 2007.

Attorney(s) appearing for the Case

Frank P. Barletta, Asst. Dist. Atty., Wilkes-Barre, for Com., appellant.

Nandakumar Palissery, Kingston, for appellee.

BEFORE: FORD ELLIOTT, P.J., HUDOCK and POPOVICH, JJ.

OPINION BY POPOVICH, J.:

¶ 1 The Commonwealth of Pennsylvania appeals from the judgment of sentence entered on February 21, 2006, in the Court of Common Pleas, Luzerne County. Upon review, we vacate the judgment of sentence and remand for resentencing consistent with this Opinion.

¶ 2 The trial court aptly stated the facts as follows:

[Appellee] Ronald F. Paul, Jr., was arrested on or about August 6, 2005, on Information No. 2944 of 2005...

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