Commonwealth v. Reed

JACOBS, President Judge:

This appeal arises from the order of the court below resentencing appellant on charges of delivery of LSD and marijuana in violation of the Controlled Substance, Drug, Device and Cosmetic Act.1 Appellant contends that the court erred in modifying his original sentence without notice or an opportunity to be present upon resentencing. We agree, and therefore vacate the order of the lower court and remand for resentencing.

As part of a plea agreement, on September 19, 1975, appellant pleaded guilty to unlawful delivery of ten tablets of LSD to an undercover police officer.…