COM. v. WOODLYN


345 Pa.Super. 200 (1985)

497 A.2d 1374

COMMONWEALTH of Pennsylvania, Appellant, v. Donald WOODLYN.

Supreme Court of Pennsylvania.

Filed September 6, 1985.


Attorney(s) appearing for the Case

Joanne F. Tyler, Assistant District Attorney, Philadelphia, for appellee.

Steven J. Cooperstein, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Before SPAETH, President Judge, and JOHNSON and SHOYER, JJ.


PER CURIAM:

This is an appeal by the Commonwealth from judgment of sentence for aggravated assault. The Commonwealth argues that the sentencing court erred in holding the evidence insufficient to find that appellant "visibly possessed a firearm during the commission of the offense" within the meaning of 42 Pa.C.S. § 9712, and in therefore refusing to impose the minimum sentence mandated by that section. We agree and accordingly vacate the sentence and remand...

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