COM. v. FITZHUGH


360 Pa.Super. 217 (1987)

520 A.2d 424

COMMONWEALTH of Pennsylvania, Appellant, v. Herbert FITZHUGH a/k/a George Butler, Appellee.

Supreme Court of Pennsylvania.

Filed January 6, 1987.


Attorney(s) appearing for the Case

Karen L. Grigsby, Assistant District Attorney, Philadelphia, for Com., appellant.

Michael J. Kelly, Assistant Public Defender, Philadelphia, for appellee.

Before CIRILLO, President Judge, and WICKERSHAM and KELLY, JJ.


KELLY, Judge:

This case involves appeals by the Commonwealth from orders of the trial court granting the appellee, Herbert Fitzhugh, an arrest of judgment upon his conviction after a jury trial of a firearms offense 18 Pa.C.S.A. § 6108, and denying a motion to modify the sentence in accordance with the applicable provisions of the Mandatory Minimum Sentencing Act 42 Pa.C.S.A. § 9712. The trial court found that the evidence was insufficient to establish that...

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