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COM. v. BROWN

886 A.2d 256 (2005)

COMMONWEALTH of Pennsylvania, Appellee, v. David BROWN, Appellant.

Superior Court of Pennsylvania.

Filed October 24, 2005.

Attorney(s) appearing for the Case

Jennifer Horvath, Marissa B. Bluestine, Philadelphia, for appellant.

Hugh J. Burns, Jr., Asst. Dist. Atty. and Anne Palmer, Asst. Dist. Atty., Philadelphia, for Com., appellee.

BEFORE: LALLY-GREEN, PANELLA, JJ., and McEWEN, P.J.E.

OPINION BY LALLY-GREEN, J.:

¶ 1 Appellant, David Brown, appeals from the judgment of sentence entered on April 15, 2004. We reverse.

¶ 2 The trial court stated the factual and procedural history as follows:

On June 21, 2003, the defendant, David Brown, was arrested and charged with Attempted Burglary, Attempted Theft by Unlawful Taking and Criminal Trespass. On February 2, 2004, the defendant waived his right to a jury trial and this court...

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