COM. v. SMITH


444 Pa.Super. 652 (1995)

664 A.2d 622

COMMONWEALTH of Pennsylvania, Appellant, v. Brett Lamar SMITH, Appellee.

Superior Court of Pennsylvania.

Filed July 6, 1995.

Reargument Denied September 13, 1995.


Attorney(s) appearing for the Case

Kemal A. Mericli and Sandra Preuhs, Asst. Dist. Attys., Pittsburgh, for Com., appellant.

Patrick J. Thomassey, Asst. Public Defender, Monroeville, for appellee.

Before POPOVICH, HUDOCK and OLSZEWSKI, JJ.


HUDOCK, Judge:

In this appeal by the Commonwealth, the question presented is whether the sentencing court erred in concluding that the Commonwealth could not seek a mandatory sentence, after Appellee's conviction at trial, because it had previously offered to waive the mandatory sentence during unsuccessful plea negotiations.1 Finding that the sentencing court did err, we vacate Appellee's sentence and remand for resentencing.

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