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COM. v. WERIS

437 Pa.Super. 314 (1994)

649 A.2d 989

COMMONWEALTH of Pennsylvania, Appellant, v. Steven WERIS, Appellee.

Superior Court of Pennsylvania.

Filed November 1, 1994.

Attorney(s) appearing for the Case

George S. Leone, Asst. Dist. Atty., Philadelphia, for 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 under 35 P.S. § 780-117(1)(vi) persons who have been charged with violating 35 P.S. § 780-113(a)(14), (30), or (37) and who have pled guilty or nolo contendere to the violation of 35 P.S. § 780-113(a)(14), (30) or (37) and are now being sentenced for that crime are barred from receiving of probation without verdict. Our review requires us to interpret 35 P.S. § 780-117(1). After careful...

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