COM. v. SMITH


883 A.2d 612 (2005)

COMMONWEALTH of Pennsylvania, Appellee, v. Charles M. SMITH, Appellant.

Superior Court of Pennsylvania.

Filed August 12, 2005.


Attorney(s) appearing for the Case

William K. Hill, Bloomsburg, for appellant.

Robert W. Ruehner, Asst. Dist. Atty., Danville, for Com., appellee.

BEFORE: FORD ELLIOTT, KLEIN and KELLY, JJ.


OPINION BY KLEIN, J.:

¶ 1 Charles M. Smith appeals from the judgment of sentence entered in the Court of Common Pleas of Montour County. Because we find that the court below erred in grading the offense of forgery, 18 Pa. C.S.A. § 4101(a)(3), as a felony of the third degree rather than a misdemeanor of the first degree, we vacate and remand for resentencing.

¶ 2 Here Smith obtained an employment position by submitting a forged graduate school...

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