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COMMONWEALTH v. WASHINGTON

453 Pa. 613 (1973)

Commonwealth v. Washington, Appellant.

Supreme Court of Pennsylvania.

July 2, 1973.

Attorney(s) appearing for the Case

Burton A. Rose, with him A. Charles Peruto, and Lorch, Ryan, Peruto & Vitullo, for appellant.

Albert L. Becker, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, July 2, 1973:

The judgment of sentence is vacated and the record is remanded with instructions that appellant be resentenced in accordance with The Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 165, 35 P.S. §§ 780-101 et seq. (Supp. 1973). Commonwealth v. Thomas, 450 Pa. 548, 554-56, 301 A.2d 359, 363-64 (1973); Commonwealth v. Simpson,

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