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COM. v. McKIBBEN

No. 882 EDA 2008

977 A.2d 1188 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. Wayne McKIBBEN, Appellee.

Superior Court of Pennsylvania.

Filed July 14, 2009.

Attorney(s) appearing for the Case

Andrea Johnson, Asst. Dist. Atty, Philadelphia, for the Com., appellant.

Eugene P. Tinari, Philadelphia, for appellee. (Submitted)

BEFORE: STEVENS, KLEIN, and KELLY, JJ.

OPINION BY STEVENS, J.:

¶ 1 The Commonwealth appeals from the Judgment of Sentence1 entered on February 21, 2008, in the Court of Common Pleas of Philadelphia County at which time the trial court sentenced Wayne McKibben (hereinafter "Appellee") to an aggregate prison term of three (3) years to six (6) years in prison, a $15,000 fine, and $1,625 in court costs. Following our review of the record, we reverse.

¶ 2 On April...

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