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COMMONWEALTH v. FORKER (10/09/75)

SUPERIOR COURT OF PENNSYLVANIA


October 9, 1975

COMMONWEALTH
v.
FORKER, APPELLANT.

Proceedings upon application to revoke probation. Before HONEYMAN, J. Appeal, No. 3, Oct. T., 1975, from judgment of sentence of Court of Common Pleas of Montgomery County, Jan. T., 1973, No. 1023, and No. 901 of 1973.

COUNSEL

Calvin S. Drayer, Jr., Assistant Public Defender, for appellant; Stewart J. Greenleaf and J. David Bean, Assistant District Attorneys, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Per Curiam: Judgment of sentence is vacated in the light of Commonwealth v. Butler, 458 Pa. 289, 328 A.2d 851 (1974), and the case is remanded for resentencing in compliance therewith.

19751009

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