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COM. v. TANNER

No. 650 MDA 2012

61 A.3d 1043 (2013)

2013 PA Super 24

COMMONWEALTH of Pennsylvania, Appellee v. Stacey L. TANNER, Appellant.

Superior Court of Pennsylvania.

Filed February 15, 2013.

Attorney(s) appearing for the Case

Thomas A. Walrath, Jr. , Public Defender, Wellsboro, for appellant.

George W. Wheeler , District Attorney, Wellsboro, for Commonwealth, appellee.

BEFORE: BOWES, OLSON and WECHT, JJ.

OPINION BY OLSON, J.:

Appellant, Stacey L. Tanner, appeals from the judgment of sentence entered on March 5, 2012, as made final by the denial of Appellant's post-sentence motion on March 29, 2012. We vacate Appellant's judgment of sentence and remand for resentencing.

On December 5, 2010, Appellant entered an open guilty plea to homicide by motor vehicle while driving under the influence of alcohol,

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