Opinion
Argued March 15, 1978.
June 7, 1978.
Indictments charging defendant with carrying a firearm without a license and possession with intent to manufacture or deliver a controlled substance. Before LIPSITT, J. Finding of guilty of possession with intent to manufacture following guilty plea and judgment of sentence entered. Defendant appealed. Appeal, No. 318, March T., 1977, from Court of Common Pleas of Dauphin County, No. 918 of 1976. Argued March 15, 1978.
Marilyn C. Zilli, Assistant Public Defender, for appellant; Marion E. MacIntyre, Second Assistant District Attorney, with her LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.
Judgment of sentence reversed. Case remanded to the court below with directions that defendant be permitted to withdraw his guilty plea.
VAN der VOORT, J., would remand for resentencing.
HESTER, J., dissented.