Commonwealth v. Frisby

Superior Court of Pennsylvania

Commonwealth v. Frisby

324 A.2d 430, 227 Pa. Super. 497, 1974 Pa. Super. LEXIS 2102

CourtSuperior Court of Pennsylvania

DecidedApril 3, 1974

DocketAppeal, No. 1961

StatusPublished

This text of 324 A.2d 430 (Commonwealth v. Frisby) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Frisby, 324 A.2d 430, 227 Pa. Super. 497, 1974 Pa. Super. LEXIS 2102 (Pa. Ct. App. 1974).

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Opinion

Per Curiam,

The appellant was charged with the sale of narcotic drugs to an undercover agent of the Pennsylvania State Police. He pled guilty to indictments charging violation of §4(q) of The Drug, Device and Cosmetic Act of 1961, 35 P.S. 780-4 (q), and was sentenced to 5 to 10 years under the Act.

This matter is before us on direct appeal and since it is not final, the appellant is entitled to be resentenced under the new Drug Act: “The Controlled Substance, Drug, Device and Cosmetic Act.”¹ See, Commonwealth v. Thomas, 450 Pa. 548, 301 A. 2d 359 (1973); Commonwealth v. Evans, 222 Pa. Superior Ct. 590, 296 A. 2d 844 (1972).

The case is remanded for resentencing under the new Drug Act.

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Opinion

Per Curiam,

The appellant was charged with the sale of narcotic drugs to an undercover agent of the Pennsylvania State Police. He pled guilty to indictments charging violation of §4(q) of The Drug, Device and Cosmetic Act of 1961, 35 P.S. 780-4 (q), and was sentenced to 5 to 10 years under the Act.

This matter is before us on direct appeal and since it is not final, the appellant is entitled to be resentenced under the new Drug Act: “The Controlled Substance, Drug, Device and Cosmetic Act.”¹ See, Commonwealth v. Thomas, 450 Pa. 548, 301 A. 2d 359 (1973); Commonwealth v. Evans, 222 Pa. Superior Ct. 590, 296 A. 2d 844 (1972).

The case is remanded for resentencing under the new Drug Act.

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Bluebook (online)

324 A.2d 430, 227 Pa. Super. 497, 1974 Pa. Super. LEXIS 2102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-frisby-pasuperct-1974.

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