The Commonwealth being in agreement, the conviction is affirmed and the record remanded for resentence under The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. *788§§780-101. See Commonwealth v. Simpson, 222 Pa. Superior Ct. 296, 294 A. 2d 805 (1972).
Spaulding, J., absent.
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