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COM. v. DANIEL

No. 2803 EDA 2010

30 A.3d 494 (2011)

2011 PA Super 214

COMMONWEALTH of Pennsylvania, Appellant v. Jeffie DANIEL, Appellee.

Superior Court of Pennsylvania.

Filed October 11, 2011.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr. , Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Michael J. Malloy , Media, for appellee.

BEFORE: BOWES, ALLEN, and PLATT, JJ.

OPINION BY BOWES, J.:

The Commonwealth appeals from the judgment of sentence of eleven and one-half to twenty-three months imprisonment followed by five years probation that was imposed after Appellee pled guilty to two counts of aggravated assault and one count of possession of an instrument of crime. We vacate the sentence and remand for re-sentencing.

On June 29, 2010, Appellee entered an open plea of no contest to two counts of aggravated assault graded...

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