Appeal from order of Superior Court, Oct. T., 1972, No. 476, affirming judgment of sentence of the Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1969, No. 559, in case of Commonwealth of Pennsylvania v. Ernest Washington.
Burton A. Rose, with him A. Charles Peruto, and Lorch, Ryan, Peruto & Vitullo, for appellant.
Albert L. Becker, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Mr. Chief Justice Jones took no part in the consideration or decision of this case.
The judgment of sentence is vacated and the record is remanded with instructions that appellant be resentenced in accordance with The Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P. L. 165, 35 P.S. §§ 780-101 et seq. (Supp. 1973). Commonwealth v. Thomas, 450 Pa. 548, 554-56, 301 A.2d 359, 363-64 (1973); Commonwealth v. Simpson, 222 Pa. Superior Ct. 296, 303, 294 A.2d 805, 808 (1972).
Judgment of sentence vacated and record remanded.