| COMMONWEALTH OF PENNSYLVANIA v. OLIVER FOSTER No. 3450 EDA 2006 2008 PA Super 252 Atlantic: 960 A.2d 160 Filed: 10/22/2008 | |
| Appeal from the Judgment of Sentence of November 30, 2006 in the Court of Common Pleas of Philadelphia County Criminal Division, at No. CP-51-CR-0109521-2006. | |
| Before: BOWES, SHOGAN and FITZGERALD, JJ. | |
| Opinion by: BOWES, J. | |
| Concurring Statement by: FITZGERALD, J. | |
| Dissenting Opinion by: SHOGAN, J. | |
| Oliver Foster appeals from the November 30, 2006 judgment of sentence of five to ten years imprisonment that was imposed after he was convicted of robbery. We conclude that Appellant, as an unarmed co-conspirator in an armed robbery, was improperly sentenced pursuant to 42 Pa.C.S. § 9712(a). We therefore vacate the judgment of sentence and remand for re-sentencing. | |
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