Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1972, No. 1566, in case of Commonwealth of Pennsylvania v. Thomas X. Bell.
William L. Bowe and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.
John H. Isom, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Spaeth, J., joins in this Opinion, and in addition, would rely on his Concurring Opinion in Commonwealth v. Tomlin, supra. Van der Voort, J., dissents on the same rationale as set forth in his Dissenting Opinion in Commonwealth v. Tomlin, supra.
[ 234 Pa. Super. Page 70]
The imposition of sentence of one to ten years imprisonment is hereby reversed and the case is remanded for resentencing in accordance with the holding in Commonwealth v. Tomlin, 232 Pa. Superior Ct. 147, 336 A.2d 407 (1975).
Judgment of sentence reversed and case remanded.