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COMMONWEALTH v. SWAVELY

229 Pa.Super. 491 (1974)

Commonwealth v. Swavely, Appellant.

Superior Court of Pennsylvania.

July 18, 1974.

Attorney(s) appearing for the Case

Calvin S. Drayer, Jr., and Timothy F. Hennessey, Assistant Public Defenders, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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

OPINION BY JACOBS, J., July 18, 1974:

In this case appellant contends that the lower court erred in not sentencing him under an act which reduced the penalty for the crime he committed and became effective after commission of the crime but before sentence was imposed. We agree with appellant and, therefore, remand for resentencing.

On January 23, 1972, appellant was arrested and charged with operating...

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