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COM. v. CORTEZ

860 A.2d 1045 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. Hinginio CORTEZ, Appellant.

Superior Court of Pennsylvania.

Filed October 8, 2004.

Attorney(s) appearing for the Case

John P. Cotter, Philadelphia, for appellant.

Hugh J. Burns, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before: KLEIN, OLSZEWSKI, and KELLY, JJ.

OPINION BY KLEIN, J.:

¶ 1 Defendant Hinginio Cortez appeals from the judgment of sentence following conviction for two counts of Possession with Intent to Deliver (PWID) a controlled substance. We deny the motion for a new trial based on improper consolidation of charges on the two separate occasions, but we grant the motion to vacate the judgment of sentence and remand for re-sentencing.

¶ 2 Cortez raises two issues for our review: (1) whether the...

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