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COM. v. OGBORNE

410 Pa.Super. 164 (1991)

599 A.2d 656

COMMONWEALTH of Pennsylvania v. Carl Franz OGBORNE, Appellant.

Superior Court of Pennsylvania.

Filed October 21, 1991.

Reargument Denied December 30, 1991.

Attorney(s) appearing for the Case

F. Kirk Adams, Media, for appellant.

Vram Nedurian, Jr., Asst. Dist. Atty., Newton Square, for Com., appellee.

Before CAVANAUGH, TAMILIA and POPOVICH, JJ.

TAMILIA, Judge:

Carl Franz Ogborne appeals from judgment of sentence imposed May 13, 1988. Following a nonjury trial, appellant was convicted of possession of a controlled substance1 and possession with intent to deliver a controlled substance,2 and sentenced to a term of two and one-half to five years imprisonment. On direct appeal, this Court reversed the judgment of sentence holding:

[P]olice may...

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