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COM. v. POLAND

Nos. 584 EDA 2010, No. 508 EDA 2011.

26 A.3d 518 (2011)

COMMONWEALTH of Pennsylvania, Appellant v. Stanley POLAND, Appellee. Commonwealth of Pennsylvania, Appellee v. Stanley Poland, Appellant.

Superior Court of Pennsylvania.

Filed July 29, 2011.

Attorney(s) appearing for the Case

Melanie J. Taylor , Assistant District Attorney, Philadelphia, for Commonwealth.

John C. Della Rocca , Philadelphia, for Poland.

BEFORE: DONOHUE, MUNDY, and STRASSBURGER, JJ.

OPINION BY STRASSBURGER, J.:

The Commonwealth and Stanley Poland (Poland) both appeal from the January 20, 2010 judgment of sentence of 11½ to 23 months' house arrest, following Poland's conviction of conspiracy to commit aggravated assault. Also before us is the Commonwealth's petition to quash Poland's cross appeal. We deny the Commonwealth's petition to quash, vacate the judgment of sentence, and remand this case for application of 42 Pa.C.S. § 9713(a...

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