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Commonwealth v. Eby

Sentence vacated and case remanded because court sentenced defendant to a term well in excess of the aggravated range without articulating sufficient reasons for its deviation from the guidelines and with no indication that it considered factors favorable to defendant in fashioning the sentence.

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� 1 This direct appeal has been taken from the judgment of sentence to serve a term of imprisonment of from six months to eighteen months, imposed after appellant, David Eby, pleaded guilty to the offense of possession with intent to deliver marijuana. We are constrained to vacate and remand for resentencing.

� 2 The trial judge has aptly summarized the facts underlying this appeal:

The facts underlying the plea [of guilty to one count of possession with intent to deliver marijuana] are that the defendant was called by a friend, a confidential informant, to supply her with marijuana and he went to his supplier and returned to his home where he met the confidential informant and sold her a 1/4 ounce of marijuana for $50. *fn1

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