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COM. v. BERRYMAN

437 Pa.Super. 258 (1994)

649 A.2d 961

COMMONWEALTH of Pennsylvania, Appellant v. Raymond BERRYMAN, Appellee.

Superior Court of Pennsylvania.

Filed November 1, 1994.

Attorney(s) appearing for the Case

George S. Leone, Asst. Dist. Atty., Philadelphia, for the Com., appellant.

Peter Rosalsky, Asst. Public Defender, Philadelphia, for appellee.

Before CAVANAUGH, WIEAND, MCEWEN, CIRILLO, BECK, TAMILIA, KELLY, POPOVICH and SAYLOR, JJ.

KELLY, Judge:

In this appeal we must determine whether persons who have been charged with violating 35 P.S. § 780-113(a)(14), (30), or (37) and who plead guilty or nolo contendere to any of these subsections are barred under 35 P.S. § 780-117(1)(vi) from being sentenced to probation without verdict. Our review requires us to interpret 35 P.S. § 780-117(1). After careful consideration, we hold that 35 P.S. § 780-117(1)(vi) does prohibit a...

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