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COMMONWEALTH v. GAITO

217 Pa.Super. 125 (1970)

Commonwealth v. Gaito, Appellant.

Superior Court of Pennsylvania.

June 11, 1970.

Attorney(s) appearing for the Case

George H. Ross, Public Defender, for appellant.

Carol Mary Los and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, June 11, 1970:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

This is an appeal from judgment of sentence after re-trial in the Criminal Court of Allegheny County. At the first trial, appellant received a sentence of 10 to 20 years on burglary, 3 1/2 to 7 years on assault with intent to kill, and 1 1/2 to 3 years for violation of the Uniform Firearms Act....

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