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COMMONWEALTH of Pennsylvania, Respondent v. Dusty Andrew GAUMER, Petitioner

Supreme Court of Pennsylvania2010-03-10No. Appeal, No. 574 MAL 2008
605 Pa. 405990 A.2d 723

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Opinion

majority opinion

ORDER

PER CURIAM.

AND NOW, this 10th day of March, 2010, the Petition for Allowance of Appeal is hereby GRANTED. The order of the Superior Court is VACATED, and the matter REMANDED to the trial court for resentencing pursuant to Commonwealth v. Haag, 981 A.2d 902, 907 (Pa.2009) (if no conviction on previous § 3802 violation occurred before commission of subsequent violation, offender cannot be sentenced as recidivist on subsequent violation). Jurisdiction relinquished.