Opinion

The imposition of sentence of one to ten years imprisonment is hereby reversed and the case is remanded for resentencing in accordance with the holding in Commonwealth v. Tomlin, 232 Pa. Superior Ct. 147, 336 A.2d 407 (1975).

Spaeth, J., joins in this Opinion, and in addition, would rely on his Concurring Opinion in Commonwealth v. Tomlin, supra.

Van der Voort, J., dissents on the same rationale as set forth in his Dissenting Opinion in Commonwealth v. Tomlin, supra.