Commonwealth v. Brown

¶ 1 Appellant, William Brown, appeals from the judgment of sentence entered on January 28, 2003, which sentenced Appellant to a two-year mandatory minimum term of incarceration. We vacate the judgment of sentence and remand for re-sentencing.

¶ 2 The procedural history of the case is as follows. On December 16, 2002, the Honorable Charles C. Keeler, following a non-jury trial, found Appellant guilty of possession of a controlled substance, possession with intent to deliver, and drug paraphernalia charges. On January 28, 2008, at the sentencing hearing, the trial court took judicial notice of a…