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COM. v. GUILFORD

861 A.2d 365 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. Ellison GUILFORD, Appellant.

Superior Court of Pennsylvania.

Filed November 1, 2004.

Attorney(s) appearing for the Case

John Packel, Robin Forrest, Public Defenders, Philadelphia, for appellant.

Hugh J. Burns, Asst. Dist. Atty., Philadelphia, for Com., appellee.

BEFORE: MUSMANNO, KLEIN, JJ. and McEWEN, P.J.E.

OPINION BY MUSMANNO, J.:

¶ 1 Ellison Guilford ("Guilford") appeals from the judgment of sentence imposed after he was convicted of robbery and possession of an instrument of crime ("PIC").1 We vacate the judgment of sentence and remand for re-sentencing.

¶ 2 Guilford was riding a bike at 2:45 a.m. on October 10, 2001, in Philadelphia. Two Philadelphia plainclothes police officers followed him based on information that...

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