COM. v. HEATH


528 Pa. 316 (1991)

597 A.2d 1135

COMMONWEALTH of Pennsylvania, Appellee, v. James B. HEATH, Jr., Appellant.

Supreme Court of Pennsylvania.

Decided October 7, 1991.


Attorney(s) appearing for the Case

Vincent J. Quinn, Chief Public Defender, for appellant.

Henry S. Kenderdine, Jr., Dist. Atty., James J. Karl, Asst. Dist. Atty., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION

ZAPPALA, Justice.

This is an appeal by James B. Heath, Jr. from an order of the Superior Court affirming the judgment of sentence of the Court of Common Pleas of Lancaster County. 400 Pa.Super. 618, 576 A.2d 1133. The question presented is whether the court, which resentenced appellant after his original sentence was vacated, erred by imposing the mandatory minimum sentence for involuntary deviate sexual intercourse pursuant to 42 Pa.C.S. §...

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