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COM. v. BYRD

444 Pa.Super. 86 (1995)

663 A.2d 229

COMMONWEALTH of Pennsylvania v. Robert BYRD, Appellant (at 3592). COMMONWEALTH of Pennsylvania v. Shawn BENDER, Appellant (at 3836).

Superior Court of Pennsylvania.

Filed August 10, 1995.

Attorney(s) appearing for the Case

John W. Packel, Asst. Public Defender, Philadelphia, for appellants.

Kathy L. Echternach, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before BECK, KELLY and FORD ELLIOTT, JJ.

BECK, Judge.

In these consolidated appeals we determine whether, upon sentencing a defendant following revocation of probation, a trial court is limited to sentencing that defendant to a period of incarceration that is less than or equal to the previously imposed period of probation. We find that no such limitation exists. We therefore affirm.

Robert Byrd pled nolo contendere to possession of cocaine with intent to deliver,1

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