Wednesday, May 21, 2008

Superior Court 5/21/08 - COMMONWEALTH OF PENNSYLVANIA v. WILLIAM GRIFFITH

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM GRIFFITH
No. 1065 MDA 2007 2008 PA Super 106 Atlantic: n/a Filed: 5/21/2008
Appeal from the Judgment of Sentence May 17, 2007In the Court of Common Pleas of Luzerne CountyCriminal at No(s): CP-40-CR-0003158-2006
Before: STEVENS, PANELLA, and HUDOCK, JJ.
Opinion by: STEVENS, J.
The Commonwealth appeals from the judgment of sentence entered by the Court of Common Pleas of Luzerne County on May 17, 2007, following Appellee’s plea of guilty to possession of a controlled substance with intent to deliver, pursuant to 35 P.S. § 780-113(a)(30). Herein, the Commonwealth contends that the court imposed an illegal sentence by failing to comply with applicable mandatory sentencing provisions. We agree; consequently, we vacate the sentence and remand for proceedings consistent with this decision.
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