OPINION PER CURIAM:
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. §§ 780-101. See Commonwealth v. Simpson, 222 Pa. Super. 296, 294 A.2d 805 (1972).
SPAULDING, J., absent.