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COM. v. KEMPKA

272 Pa.Super. 336 (1979)

415 A.2d 1226

COMMONWEALTH of Pennsylvania v. Joseph KEMPKA, Appellant.

Superior Court of Pennsylvania.

Filed December 7, 1979.

Attorney(s) appearing for the Case

James P. Gregor, Assistant Public Defender, Stroudsburg, for appellant.

Ralph A. Matergia, Assistant District Attorney, Stroudsburg, for Commonwealth/appellee.

Before CERCONE, President Judge, and WATKINS and HOFFMAN, JJ.

CERCONE, President Judge:

The sole issue raised in the instant appeal is whether the minimum sentencing procedure established by 19 P.S. § 1057 (1964), and retained in pertinent part by the Sentencing Code, 18 Pa.C.S. § 1356(b) (Supp. 1978), is unconstitutional. The gist of appellant's argument is that minimum sentencing procedure constitutes a denial of due process because it vests too great a power...

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