Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ANTONIO GUTIERREZ

COMMONWEALTH OF PENNSYLVANIA v. ANTONIO GUTIERREZ No. 710 and 806 MDA 2008 2009 PA Super 55 Atlantic: 969 A.2d 584 Filed: 3/30/2009
	Appeal from the Judgment of Sentence of April 2, 2008, in the Court of Common Pleas of Berks County, Criminal Division, at No. CP-06-CR-0000329-2007.
Before: BOWES, SHOGAN and KELLY, JJ.
Opinion by: BOWES, J.
Antonio Gutierrez and the Commonwealth have both filed appeals from the judgment of sentence imposed in this case. The Commonwealth complains about the sentencing court’s failure to impose a mandatory minimum sentence that it contends is applicable herein. Gutierrez, who we will refer to as Appellant, assails the adequacy of the warrant utilized to search his residence and the sufficiency of the evidence supporting his conviction for possession of a prohibited offensive weapon. We reject the allegations of error raised by Appellant, but conclude that the Commonwealth’s position is meritorious. We vacate the judgment of sentence and remand for a new sentencing hearing.

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