Opinion
Argued November 15, 1976.
January 17, 1977.
Indictment charging defendant with possession with intent to deliver a controlled substance (heroin), possession of a controlled substance and criminal conspiracy. Before CLARKE, J., without a jury. Finding of guilty on all indictments entered. Defendant's motion in arrest of judgment as to possession of heroin denied and granted as to other offenses and motion for new trial denied. Commonwealth and defendant respectively appealed. Appeals, Nos. 426 and 492, April T., 1976, from Court of Common Pleas, Criminal Division, of Allegheny County, No. CC7502534A. Argued November 15, 1976.
Kim W. Riester, with her Robert E. Colville, District Attorney, for appellant at No. 426 and appellee at No. 492; Richard C. Schomaker, for appellant at No. 492 and appellee at No. 426.
Order affirmed at No. 426. Because it appears that appellant was improperly sentenced, the matter is remanded for resentencing at No. 492.