Commonwealth v. Farone

OPINION BY

MUSMANNO, J.:

¶ 1 Appellant Foster Farone (“Farone”) appeals from the judgment of sentence entered following his conviction of two counts of unlawfully obtaining possession or acquiring a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge (“unlawful acquisition of a controlled substance”), one count of possession of a controlled substance, and two counts of theft by unlawful taking.1 We vacate the judgment of sentence and remand for resentencing.

¶ 2 Farone was employed as a “floating” pharmacist by Eckerd Drug Stores (“Eck-erd”). As part of Farone’s…