Opinion
Argued March 6, 1990.
Decided March 21, 1990.
Appeal No. 13 W.D.Appeal Dkt. 1989 from Order of Superior Court entered July 1, 1988, at No. 992 Pittsburgh 1987, 380 Pa. Super. 649, 547 A.2d 439, Vacating Judgment of Sentence of Court of Common Pleas of Erie County, Criminal Division, entered June 25, 1987, at No. 466 of 1987 and Remanding for Resentencing.
William R. Cunningham, Dist. Atty., Ernest J. DiSantis, Jr., Asst. Dist. Atty., Jane Earll, Erie, for appellant.
Carmela R. M. Presogna, Asst. Public Defender, Erie, for appellee.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.
ORDER
Order of Superior Court reversed. See Commonwealth v. Weakland, 521 Pa. 353, 555 A.2d 1228 (1989).
LARSEN, McDERMOTT and PAPADAKOS, JJ., having dissented in Weakland, would affirm in this case.