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COM. v. HOKE

No. 28 MAP 2008.

962 A.2d 664 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Brian William HOKE, Jr., Appellant.

Supreme Court of Pennsylvania.

Decided January 22, 2009.

Attorney(s) appearing for the Case

Kent D. Watkins, St. Clair, for Brian William Hoke, Jr., appellant.

Karl Baker, Esq., Peter Rosalsky, Defender Ass'n of PA, for Defender Ass'n of PA, appellant amicus curiae.

James Patrick Goodman, Esq., Skuylkill County Dist. Attorney's Office, Thomas James Campion, Jr., Esq., Pottsville, for the Com. of PA.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice McCAFFERY.

We accepted this appeal to address a single issue: whether the mandatory minimum sentencing provision of 35 P.S. § 780-113(k) applies to a conviction for conspiracy to manufacture a controlled substance? The Superior Court held that this mandatory minimum sentencing provision does apply to a conspiracy to manufacture conviction. We vacate and remand.

Appellant, Brian...

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