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COMMONWEALTH v. DEVINNEY (11/28/72)

November 28, 1972

COMMONWEALTH
v.
DEVINNEY, APPELLANT.



Proceedings upon motion by defendant for recomputation of sentence. Appeal, No. 940, Oct. T., 1972, from order of Court of Common Pleas of Montgomery County, June T., 1969, No. 74, opinion by HENRY, J.

COUNSEL

Daniel C. Barrish, Assistant Public Defender, for appellant; J. David Bean and Stewart J. Greenleaf, Assistant District Attorneys, William T., Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Opinion PER CURIAM: On October 2, 1969, appellant entered a guilty plea to the sale of heroin and was sentenced to "undergo imprisonment by separate and solitary confinement for not less than six (6) nor more than fourteen (14) years in a state correctional institution." The Act of September 26, 1961, P.L. 1664, Sec. 780-20(d), as amended, 35 P.S. § 780-20(d), provides a penalty of "imprisonment by separate of solitary confinement at labor for an indeterminate term having a minimum of five (5) years and a maximum of twenty (20) years" for the offense here involved.

Order reversed and the record remanded to the court below with directions to resentence appellant for an indeterminate term having a minimum of five (5) years and a maximum of fourteen (14) years.

19721128

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