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COM. v. FLUELLEN

345 Pa.Super. 167 (1985)

497 A.2d 1357

COMMONWEALTH of Pennsylvania, Appellant, v. Robert FLUELLEN.

Supreme Court of Pennsylvania.

Filed August 30, 1985.

Attorney(s) appearing for the Case

Eric B. Henson, Deputy District Attorney, Philadelphia, for Commonwealth, appellant.

Anthony D. Jackson, Philadelphia, for appellee.

Before CAVANAUGH, CIRILLO and HESTER, JJ.

HESTER, Judge:

In this appeal we consider whether the trial court abused its discretion in sentencing appellee, Robert Fluellen, by unreasonably deviating from the Pennsylvania Sentencing Guidelines. We agree with appellant, Commonwealth of Pennsylvania, vacate the judgment of sentence and remand for resentencing.

On November 4, 1983, defendant/appellee was found guilty by a Municipal Court Judge of possession...

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