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COMMONWEALTH PENNSYLVANIA v. DENNIS RUSSEL SHANK (02/22/80)

February 22, 1980

COMMONWEALTH OF PENNSYLVANIA
v.
DENNIS RUSSEL SHANK, APPELLANT



No. 419 October Term, 1977, Appeal from Judgment of Sentence in the Court of Common Pleas of Lancaster County, Criminal, at Nos. 1407, 1416 of 1976.

Before Jacobs, P.j., Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Price J. dissents.

Per Curiam:

We vacate the judgment of sentence and remand to the trial court for resentencing in accordance with Commonwealth v. Riggins, 474 Pa. 115 (1977).

PRICE J. dissents.

JACOBS, former P.J. did not participate in the consideration or decision of this case.

19800222

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