COM. v. LOGAN


404 Pa.Super. 100 (1991)

590 A.2d 300

COMMONWEALTH of Pennsylvania, Appellant, v. Elsie LOGAN, Appellee.

Superior Court of Pennsylvania.

Filed April 8, 1991.

Petition for Allowance of Appeal Denied August 26, 1991.


Attorney(s) appearing for the Case

Kevin F. McCarthy, Asst. Dist. Atty., Pittsburgh, for Com., appellant.

Alonzo Burney, Pittsburgh, for appellee.

Before ROWLEY, POPOVICH and MONTGOMERY, JJ.


POPOVICH, Judge:

In this appeal from the judgment of sentence entered in the Court of Common Pleas of Allegheny County, we are faced by a question of first impression: Whether a sentencing court may impose a sentence below the minimum sentence mandated by 18 Pa.C.S.A. § 7508(a)(3)(iii). Having reviewed the record and the legal arguments presented, we find that the lower court erred when sentencing appellee to one (1) to three (3) years incarceration for possession...

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