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COM. v. BIDDLE

411 Pa.Super. 210 (1991)

601 A.2d 313

COMMONWEALTH of Pennsylvania. v. Kathleen BIDDLE, Appellant.

Superior Court of Pennsylvania.

Filed December 17, 1991.

Attorney(s) appearing for the Case

Patrick J. Thomassey, Monroeville, for appellant.

Kemal A. Mericli, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

Before McEWEN, FORD ELLIOTT and HESTER, JJ.

FORD ELLIOTT, Judge:

In this case we are called upon to determine whether the Commonwealth has the sole discretion to invoke the mandatory sentencing provisions set forth in 18 Pa.C.S.A. § 7508 in situations where it would otherwise be applicable. For the following reasons, we hold that the Commonwealth does possess sole discretion to invoke the provisions under the statute and, accordingly, vacate the judgment...

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