COM. v. FOSTER

No. 3450 EDA 2006

960 A.2d 160 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. Oliver FOSTER, Appellant.

Superior Court of Pennsylvania.

Filed October 22, 2008.


Attorney(s) appearing for the Case

Jennifer Chiccarino, Philadelphia, for appellant.

Regina M. Oberholzer, Asst. Dist. Atty., for Com., appellee.

BEFORE: BOWES, SHOGAN and FITZGERALD, JJ.


OPINION BY BOWES, J.:

¶ 1 Oliver Foster appeals from the November 30, 2006 judgment of sentence of five to ten years imprisonment that was imposed after he was convicted of robbery. We conclude that Appellant, as an unarmed coconspirator in an armed robbery, was improperly sentenced pursuant to 42 Pa.C.S. § 9712(a). We therefore vacate the judgment of sentence and remand for re-sentencing.

¶ 2 On January 16, 2006, an arrest warrant was issued...

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