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COM. v. JOHNSON

No. 293 WDA 2008.

967 A.2d 1001 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Eric Richard JOHNSON, Appellant.

Superior Court of Pennsylvania.

Filed February 26, 2009.

Attorney(s) appearing for the Case

Brian Gorman, Washington, for appellant.

Benjamin J. Ciocco, Assistant District Attorney Washington, for Commonwealth appellee.

BEFORE: BOWES, FREEDBERG, and FITZGERALD, JJ.

OPINION BY FREEDBERG, J.:

¶ 1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas for Washington County after a hearing in which Eric Richard Johnson ("Appellant") was found to be in violation of his probation. We vacate the sentence and remand to the trial court for resentencing in accordance with the reasoning set forth below.

¶ 2 The facts are not in dispute. On July 27, 2006, Appellant was charged with Possession...

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