Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, June T., 1969, No. 875, in case of Commonwealth of Pennsylvania v. Bernard Williams.
Anne Welsh and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.
Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Concurring and Dissenting Opinion by Spaulding, J.
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The Commonwealth concedes the appellant was improperly sentenced for both possession and sale of drugs. Judgment of sentence reversed and the record remanded to the court below for correction of sentence. Commonwealth ex rel. Ciampoli v. Heston, 292 Pa. 501, 141 Atl. 287 (1928).
Judgment of sentence reversed and record remanded.
Concurring and Dissenting Opinion by Spaulding, J.:
Appellant, Bernard Williams was tried and convicted of possession and sale of narcotic drugs, by the Honorable
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Joseph C. Bruno of the Court of Common Pleas of Philadelphia, sitting without a jury. He was sentenced from two to five years on the possession count and from two to ten years on the sale count, the sentences to run concurrently. His motions for a new trial and in arrest of judgment were denied. This appeal followed.
Initially, the Commonwealth concedes that appellant was improperly sentenced since the possession and sale offenses were aspects of the same transaction and thus merged. Appellant may be sentenced on only one count where possession and sale offenses are charged in separate counts of an indictment. The two to five year sentence imposed on the possession count, at Bill No. 875, July Sessions, 1969, is vacated. Commonwealth ex rel. Ciampoli v. Heston, 292 Pa. 501, 141 Atl. 287 (1928). Commonwealth ...