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COM. v. REED

254 Pa.Super. 461 (1978)

386 A.2d 41

COMMONWEALTH of Pennsylvania v. Emory Edward REED, Jr., Appellant.

Superior Court of Pennsylvania.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Edward F. Browne, Jr., Assistant Public Defender, Lancaster, for appellant.

D. Richard Eckman, District Attorney, Lancaster, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

JACOBS, President Judge:

This appeal arises from the order of the court below resentencing appellant on charges of delivery of LSD and marijuana in violation of the Controlled Substance, Drug, Device and Cosmetic Act.1 Appellant contends that the court erred in modifying his original sentence without notice or an opportunity to be present upon resentencing. We agree, and therefore vacate the order of the lower court and remand for resentencing...

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