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COM. v. DIAMOND

No. 1698 MDA 2006.

945 A.2d 252 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. Russell L. DIAMOND, Jr., Appellee.

Superior Court of Pennsylvania.

Filed March 20, 2008.

Attorney(s) appearing for the Case

David J. Arnold, Jr., Assistant District Attorney, Lebanon, for Commonwealth, appellant.

Harry W. Fenton, Lebanon, for appellee.

BEFORE: LALLY-GREEN, GANTMAN, JJ., and McEWEN, P.J.E.

OPINION BY LALLY-GREEN, J.:

¶ 1 Appellant, the Commonwealth of Pennsylvania, appeals from the judgment of sentence entered on August 30, 2006, upon the conviction of Appellee Russell L. Diamond, Jr. ("Diamond"). We vacate and remand.

¶ 2 The trial court summarized the facts as follows:

[T]he Pennsylvania State Police (PSP) attempted to serve a warrant on [Diamond] at his home. A daylong standoff occurred and entry was ultimately made by...

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