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COM. v. RAY

751 A.2d 233 (2000)

COMMONWEALTH of Pennsylvania, Appellee, v. Kenneth RAY Appellant.

Superior Court of Pennsylvania.

Filed April 20, 2000.

Attorney(s) appearing for the Case

Robert A. Crisanti, Pittsburgh, for appellant.

Michael W. Streily, Asst. Dist. Atty., and Robert A. Willig, Asst. Dist. Atty., Pittsburgh, for Commonwealth, appellee.

Before DEL SOLE, FORD ELLIOTT, JJ. and CIRILLO, President Judge Emeritus.

DEL SOLE, J.:

¶ 1 This is an appeal nunc pro tunc from a judgment of sentence of 10 to 20 years for Third Degree Murder and 1 to 5 years for Violation of the Uniform Firearms Act ("VUFA"). We vacate Appellant's judgment of sentence for the VUFA charge and remand for resentencing.

¶ 2 The facts of this case were summarized by the trial court as follows:

On August 21, 1993, Jerry Phifer, the victim in this particular matter, was driving...

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