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COM. v. MOLINA

344 Pa.Super. 459 (1985)

496 A.2d 1196

COMMONWEALTH of Pennsylvania, Appellant, v. Angel R. MOLINA a/k/a Angel Ramos Molina.

Supreme Court of Pennsylvania.

Filed August 2, 1985.

Attorney(s) appearing for the Case

Maxine J. Stotland, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Adam O. Renfroe, Philadelphia, for appellee.

Before CAVANAUGH, CIRILLO and HESTER, JJ.

HESTER, Judge:

The Commonwealth of Pennsylvania appeals the trial court's determination that section 9712 of the Mandatory Sentencing Act, 42 Pa.C.S.A. § 9712 (hereinafter "Act"), is unconstitutional. We conclude the trial court erred and vacate and remand for resentencing.

Defendant/appellee, Angel R. Molina, was convicted of possessing an instrument of crime, 18 Pa.C.S.A. § 907, and aggravated...

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