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COM. v. KIRKLAND

831 A.2d 607 (2003)

COMMONWEALTH of Pennsylvania, Appellee, v. Nathan KIRKLAND, Appellant.

Superior Court of Pennsylvania.

Filed July 29, 2003.

Reargument Denied September 29, 2003.

Attorney(s) appearing for the Case

J. Matthew Wolfe, Philadelphia, for appellant.

Catherine L. Marshall, Asst. Dist. Atty., Philadelphia, for Com., appellee.

BEFORE: MUSMANNO, BOWES and CAVANAUGH, JJ.

OPINION BY BOWES, J.:

¶ 1 Nathan Kirkland appeals from the judgment of sentence of two to four years imprisonment that was imposed after he was convicted at a nonjury trial of simple assault, possession of a controlled substance, and possession with intent to deliver a controlled substance. For the following reasons, we reverse Appellant's conviction on the charge of possession with intent to deliver a controlled substance and remand for re-sentencing.

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