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COMMONWEALTH v. SPRAGGINS (10/09/75)

SUPERIOR COURT OF PENNSYLVANIA


October 9, 1975

COMMONWEALTH
v.
SPRAGGINS, APPELLANT.

Petition for post-conviction relief. Before O'BRIEN, J. Appeal, No. 104, April T., 1975, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Feb. T., 1972, No. 1563.

COUNSEL

Paul R. Gettleman, for appellant; Louis R. Paulick and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.

Per Curiam: The judgment of guilt is affirmed. The sentence imposed on the charge of possession of narcotics is vacated. The case is remanded for resentencing on the charge of possession with intent to deliver. See Commonwealth v. Lockhart, 223 Pa. Superior Ct. 60, 296 A.2d 883 (1972).

19751009

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