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COM. v. ZORTMAN

No. 368 WDA 2008.

985 A.2d 238 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. Sue ZORTMAN, Appellee.

Superior Court of Pennsylvania.

Filed July 20, 2009.

Reargument Denied September 22, 2009.

Attorney(s) appearing for the Case

Kelley L. Nelson, Office of Atty. Gen., Harrisburg, for the Com., appellant.

Fredrick M. Neiswender, Clearfield, for appellee.

BEFORE: BOWES, FREEDBERG and POPOVICH, JJ.

OPINION BY BOWES, J.:

¶ 1 The Commonwealth appeals the sentencing court's refusal to apply the mandatory minimum sentencing provision of 42 Pa.C.S. § 9712.1. We vacate the judgment of sentence and remand for sentencing in accordance with that statute.

¶ 2 On November 20, 2006, Appellee was charged with possession of a controlled substance, possession of a controlled substance with intent to deliver, possession of drug paraphernalia, and conspiracy...

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