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COM. v. EBY

784 A.2d 204 (2001)

COMMONWEALTH of Pennsylvania, Appellee, v. David E. EBY, Appellant.

Superior Court of Pennsylvania.

Filed October 4, 2001.

Attorney(s) appearing for the Case

Ken Mummah, Mifflin, for appellant.

Andrew L. Winder, Asst. Dist. Atty., Mifflintown, for Commonwealth, appellee.

Before: McEWEN, President Judge Emeritus, TODD, and HESTER, JJ.

PER CURIAM.

¶ 1 This direct appeal has been taken from the judgment of sentence to serve a term of imprisonment of from six months to eighteen months, imposed after appellant, David Eby, pleaded guilty to the offense of possession with intent to deliver marijuana. We are constrained to vacate and remand for resentencing.

¶ 2 The trial judge has aptly summarized the facts underlying this appeal:

The facts underlying the plea [of guilty to...

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