Opinion
Submitted June 11, 1973.
September 19, 1973.
Indictments charging defendant with receiving stolen goods, unlawful possession of burglary tools and violation of The Drug, Device and Cosmetic Act. Before GROSHENS, P.J. Appeals, Nos. 959 and 1002, Oct. T., 1973, from judgments of sentence of Court of Common Pleas of Montgomery County, Nov. T., 1970, Nos. 130, 2931 and 2932. Submitted June 11, 1973.
Abraham T. Needleman, Dennis H. Eisman, Joel D. Caney, Gerald A. Stein, and Needleman, Needleman, Tabb Eisman, for appellant; Bernard A. Moore and Stewart J. Greenleaf, Assistant District Attorneys, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.
Conviction and sentence on the charge of receiving stolen goods affirmed. Remanded for resentence on the conviction for possession of marijuana under The Controlled Substance, Drug, Device and Cosmetic Act of 1972 ( 35 P. S. § 780-101, 113). Commonwealth v. Simpson, 222 Pa. Super. 296, 294 A.2d 805 (1972).