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COM. v. KELLY

No. 128 WDA 2011.

33 A.3d 638 (2011)

2011 PA Super 262

COMMONWEALTH of Pennsylvania, Appellee, v. James Franklin KELLY, Appellant.

Superior Court of Pennsylvania.

Filed December 2, 2011.

Attorney(s) appearing for the Case

Joseph J. Hartye , Hollidaysburg, for appellant.

Richard A. Consiglio , Assistant District Attorney, Hollidaysburg, for Commonwealth, appellee.

BEFORE: ALLEN, LAZARUS, and OTT, JJ.

OPINION BY LAZARUS, J.:

James Franklin Kelly appeals from his judgment of sentence entered on January 10, 2011, after he was found to be in violation of his two probations. After careful review, we vacate and remand for resentencing.

On January 11, 2010, Kelly pled guilty to one count each of theft1 and possession of drug paraphernalia.2 He was sentenced to...

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