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COM. v. WOOTEN

348 Pa.Super. 35 (1985)

501 A.2d 285

COMMONWEALTH of Pennsylvania, Appellant, v. Alex WOOTEN, Appellee.

Supreme Court of Pennsylvania.

Filed December 13, 1985.

Attorney(s) appearing for the Case

Stephen B. Harris, Assistant District Attorney, Warrington, for Commonwealth, appellant.

Joseph S. Britton, Langhorne, for appellee.

Before OLSZEWSKI, MONTGOMERY and LEDERER, JJ.

OLSZEWSKI, Judge:

This appeal from judgment of sentence is taken by the Commonwealth1 in an effort to increase appellee's minimum sentence from three years to five years through the application of the Mandatory Sentencing Act (Act), 42 Pa.C. S.A. Section 9712. The sole issue to be decided is whether the trial court abused its discretion and erroneously held that since appellee's possession of a firearm was not visible, the Act was not...

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