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COM. v. CLARK

895 A.2d 633 (2006)

COMMONWEALTH of Pennsylvania, Appellee, v. Henry CLARK, Appellant.

Superior Court of Pennsylvania.

Filed March 24, 2006.

Attorney(s) appearing for the Case

James R. Robinson, York, for appellant.

Hugh S. Rebert, Asst. Dist. Atty., York, for Com., appellee.

BEFORE: STEVENS, BENDER and KELLY, JJ.:

OPINION BY BENDER, J.:

¶ 1 This is an appeal from a judgment of sentence imposed upon Appellant after he was convicted of possession and possession with intent to deliver cocaine in a jury trial. Appellant, in two separate sub-arguments, asserts that the evidence was insufficient to support the conviction for possession with intent to deliver (PWID). We agree and therefore vacate and remand for resentencing.

¶ 2 On March 20, 2004, Sergeant Nicholas...

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