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COMMONWEALTH v. FRISBY (04/03/74)

SUPERIOR COURT OF PENNSYLVANIA


decided: April 3, 1974.

COMMONWEALTH
v.
FRISBY, APPELLANT

Appeal from judgment of sentence of Court of Common Pleas of Delaware County, Sept. T., 1971, Nos. 944, 946, 947, and 949, in case of Commonwealth of Pennsylvania v. Leroy Frisby.

COUNSEL

David E. Auerbach, Assistant Public Defender, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Cercone, and Spaeth, JJ. (Spaulding, J., absent).

Author: Per Curiam

[ 227 Pa. Super. Page 498]

The appellant was charged with the sale of narcotic drugs to an undercover agent of the Pennsylvania State Police. He pled guilty to indictments charging violation of ยง 4(q) of The Drug, Device and Cosmetic Act of 1961, 35 P.S. 780-4(q), and was sentenced to 5 to 10 years under the Act.

This matter is before us on direct appeal and since it is not final, the appellant is entitled to be resentenced under the new Drug Act: "The Controlled Substance, Drug, Device and Cosmetic Act."*fn1 See, Commonwealth v. Thomas, 450 Pa. 548, 301 A.2d 359 (1973); Commonwealth v. Evans, 222 Pa. Superior Ct. 590, 296 A.2d 844 (1972).

The case is remanded for resentencing under the new Drug Act.

Disposition

Case remanded for resentencing under new Drug Act.


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