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COMMONWEALTH v. PERRY

228 Pa.Super. 297 (1974)

Commonwealth v. Perry, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.

Attorney(s) appearing for the Case

Barbara Bailey and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

David Richman, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., June 21, 1974:

The only issue on this appeal is whether appellant should be resentenced under The Controlled Substance, Drug, Device and Cosmetic Act.1 We find that he should be resentenced and reverse the lower court's order which denied his petition for correction of sentence.

Appellant was charged, tried, and found guilty of possession of narcotic drugs, namely heroin, in violation of The Drug, Device...

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