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COM. v. SEMUTA

386 Pa.Super. 254 (1989)

562 A.2d 894

COMMONWEALTH of Pennsylvania v. Nicholas J. SEMUTA, Appellant.

Supreme Court of Pennsylvania.

Filed July 31, 1989.

Petition for Allowance of Appeal Denied December 8, 1989.

Attorney(s) appearing for the Case

Deborah K. Hoff, Waynesboro, for appellant.

Gregory L. Lensbower, Asst. Dist. Atty., Chambersburg, for the Com., appellee.

Before ROWLEY, MONTEMURO and CERCONE, JJ.

CERCONE, Judge:

This is an appeal from a judgment of sentence. Appellant, Nicholas J. Semuta, entered a plea of guilty on September 2, 1987 to a charge of possession of a small amount of marijuana.1 On appeal, appellant now posits that he was improperly denied probation without verdict pursuant to section 17 of the Controlled Substance, Drug, Device and Cosmetic Act.2 We disagree and affirm the lower court...

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