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COM. v. KINNAN

No. 1647 WDA 2012

71 A.3d 983 (2013)

No. 1647 WDA 2012

COMMONWEALTH of Pennsylvania, Appellee v. Ruston L. KINNAN, Appellant.

Superior Court of Pennsylvania.

Filed July 3, 2013.

Attorney(s) appearing for the Case

John M. Ingros , Brookville, for appellant.

Jeffrey D. Burkett , District Attorney, Brookville, for Commonwealth, appellee.

BEFORE: STEVENS, P.J., BOWES and MUSMANNO, JJ.

OPINION BY MUSMANNO, J.:

Ruston L. Kinnan ("Kinnan") appeals from the judgment of sentence imposed after he pled guilty to theft by unlawful taking, 18 Pa.C.S.A. § 3921(a). At issue in this appeal is whether the restitution component imposed as a condition of Kinnan's probation is illegal. Finding that it is, we vacate the judgment of sentence and remand for resentencing.

Prior to the theft in question, Kinnan was an employee of Miller Welding Company...

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