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COM. v. SMITH

250 Pa.Super. 537 (1977)

378 A.2d 1278

COMMONWEALTH of Pennsylvania v. Harold SMITH, Appellant.

Superior Court of Pennsylvania.

Decided October 6, 1977.

Attorney(s) appearing for the Case

Michael S. Barranco, Assistant Public Defender, Westtown, for appellant.

John H. Wollman, West Chester, submitted a brief for Commonwealth, appellee.

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

SPAETH, Judge:

The question presented by this appeal is whether appellant's counsel at the sentencing hearing was ineffective.

1

The facts are relatively simple. Appellant pleaded guilty to two counts of sale of heroin. At the sentencing hearing his counsel argued as a mitigating circumstance that appellant was not involved in drug trafficking but made the sales only to assist a young woman;...

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