January 3, 1974
Appeal, No. 14, April T., 1973, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, April T., 1971, No. 3154.
James H. Logan, for appellant; Richard Douglas Carleton, with him Robert L. Eberhardt, Assistant Dostrict with him Robert L. Eberhardt, Assistant District for Commonwealth, appellee.
Before Fiok, J., without a jury.
Opinion PER CURIAM: The Commonwealth being in agreement, the conviction is affirmed and the record remanded for resentence under The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. 780 §§ 780-101. See Commonwealth v. Simpson, 222 Pa. Superior Ct. 296, 294 A.2d 805 (1972).
SPAULDING, J., absent.
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