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COM. v. STARKES

268 Pa.Super. 108 (1979)

407 A.2d 853

COMMONWEALTH of Pennsylvania v. Roddy STARKES, Appellant.

Superior Court of Pennsylvania.

Decided June 8, 1979.

Reargument Denied October 17, 1979.

Petition for Allowance of Appeal Denied October 22, 1979.

Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, Chief, Appeals Division, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Chief, Appeals Division, Philadelphia, for Commonwealth, appellee.

Before PRICE, HESTER and HOFFMAN, JJ.

Reargument En Banc Denied October 17, 1979.

HOFFMAN, Judge:

Appellant contends inter alia that the evidence was insufficient to prove burglary because appellant entered a private residence with the occupant's consent. We conclude that appellant's contention is correct1 and, accordingly, vacate the judgment of sentence and remand for resentencing.

On January 23, 1977, Philadelphia police arrested appellant on charges...

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