Commonwealth v. Poland

OPINION BY

STRASSBURGER, J.:

The Commonwealth and Stanley Poland (Poland) both appeal from the January 20, 2010 judgment of sentence of 11 % to 23 months’ house arrest, following Poland’s conviction of conspiracy to commit aggravated assault. Also before us is the Commonwealth’s petition to quash Poland’s cross appeal. We deny the Commonwealth’s petition to quash, vacate the judgment of sentence, and remand this case for application of 42 Pa.C.S. § 9713(a) at re-sentencing.

On the evening of April 2, 2008, Tyesha Tazwell (Tazwell) walked through the Gallery at 8th and Market Streets in…