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COM. v. GONZALEZ

No. 687 EDA 2009.

10 A.3d 1260 (2010)

COMMONWEALTH of Pennsylvania, Appellee v. Abraham GONZALEZ, Appellant.

Superior Court of Pennsylvania.

Filed December 13, 2010.

Attorney(s) appearing for the Case

Bradley S. Bridge , Public Defender, Philadelphia, for appellant.

William Q. Young , Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: FORD ELLIOTT, P.J., BOWES, J., and McEWEN, P.J.E.

OPINION BY McEWEN, P.J.E.:

Appellant, Abraham Gonzalez, here appeals from the judgment of sentence to serve a term of imprisonment of from two and one-half years to six years, a sentence imposed after he pleaded guilty to one count of possession of a controlled substance (heroin) with intent to deliver. We vacate the judgment of sentence and remand for resentencing.

The germane facts of this case are not in dispute. Appellant was arrested in March of 2006...

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