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COM. v. CARROLL

438 Pa.Super. 55 (1994)

651 A.2d 171

COMMONWEALTH of Pennsylvania, Appellant, v. Thomas CARROLL, Appellee.

Superior Court of Pennsylvania.

Filed November 3, 1994.

Reargument Denied January 11, 1995.

Attorney(s) appearing for the Case

Hugh Burns, Jr., Asst. Dist. Atty., Philadelphia, for Com., appellant.

Peter Rosalsky, Asst. Public Defender, Philadelphia, for appellee.

Before CAVANAUGH, WIEAND and OLSZEWSKI, JJ.

WIEAND, Judge:

Thomas Carroll was tried non-jury and was found guilty of possession of a controlled substance, i.e., heroin, and possession thereof with intent to deliver.1 Post-trial motions were denied, and Carroll was sentenced to serve a term of imprisonment for not less than five (5) months nor more than twelve (12) months, plus a concurrent period of probation for sixty (60) months. A petition by the Commonwealth to reconsider the...

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