COM. v. MISER


368 Pa.Super. 311 (1987)

533 A.2d 1391

COMMONWEALTH of Pennsylvania v. Mary Jane MISER, Appellant.

Supreme Court of Pennsylvania.

Filed November 16, 1987.


Attorney(s) appearing for the Case

John R. Ryan, Clearfield, for appellant.

Joseph A. Curcillo, III, Clearfield, Assistant District Attorney, for Com.

Before BROSKY, TAMILIA and KELLY, JJ.


KELLY, Judge:

Appellant, Mary Jane Miser, appeals from an order dated March 26, 1986 revoking probation and sentencing appellant to incarceration for a period of five to ten years. We vacate judgment of sentence and remand.

Appellant was charged and plead guilty to criminally conspiring to violate the Controlled Substance, Drug, Device and Cosmetic Act. 35 Pa.S.A. § 780-113(a)(30). The maximum penalty for such offense is five years incarceration. Appellant...

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