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COMMONWEALTH EX REL. PERROTTA v. MYERS. (06/11/64)

June 11, 1964

COMMONWEALTH EX REL. PERROTTA, APPELLANT,
v.
MYERS.



Appeal, No. 120, Oct. .t., 1963, from order of Court of Common Pleas No. 7 of Philadelphia County, Dec. T., 1962, No.147, in case of Commonwealth ex rel. Louis Perrotta v. David N. Myers, Superintendent. order affirmed.

COUNSEL

Louis Perrotta, appellant, in propria persona.

Benjamin Paul and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Ervin

[ 203 Pa. Super. Page 288]

OPINION BY ERVIN, J.

This is an appeal taken by Louis Perrotta from an order of Common Pleas Court No. 7 of Philadelphia County dismissing a petition for writ of habeas corpus.

[ 203 Pa. Super. Page 289]

The appellant argues that he was illegally sentenced by Judge VINCENT A. CARROLL, sitting in the criminal court of Philadelphia County, claiming that he was given a four to eight year sentence on a larceny charge. (The maximum term for larceny is five years: § 807 of the Act of June 24, 1939, P.L. 872, 18 PS § 4807.) It is true that on October 10, 1961 he was sentenced under Bill No. 847 September Sessions 1961, on a plea of guilty to larceny, for a term of not less than four years nor more than eight years. On the same date sentence was suspended on Indictments Nos. 848, 849 and 850 September Sessions 1961, for other separate charges of larceny. On November 16, 1961 the sentence imposed under Bill No. 847 was vacated and a sentence of two to four years on the larceny charge was imposed.

On the same date, to wit, November 16, 1961, the suspension of sentence on Bill No. 848 was vacated and a sentence of two to four years on the larceny charge was imposed, to run consecutively to the sentence imposed on Bill No. 847.

Bill No. 847 involved a larceny committed on, February 8, 1961 at subway locker No. 1327 at 13th Street, at which time the appellant stole one bowling ball, one bag and one pair of shoes, the property of Edward Ball; Bill No. 848 involved a larceny committed on July 28, 1961 at locker No. 3301 at the Pennsylvania Railroad station at 30th and Market Streets, at which time the appellant entered locker No. 3301 and stole a pistol, handcuffs, railroad tickets and papers, the property of one Robert Mosier. The appellant had plead guilty to both of these larcenies. He was found not guilty to both of these larcenies. He was found proper for the court to correct the illegal sentence imposed on October 10, 1961 and to impose a correct sentence for a term of two to four years on the larceny charged in Bill No. 847, even though the correction was

[ 203 Pa. Super. Page 290]

    made after the expiration of the term in which the original sentence was imposed. See Com. ex rel. Paige v. Smith, 130 Pa. Superior Ct. 536, 548, 198 A. 812; Com. v. Downer, 161 Pa. Superior Ct. 339, 342, 53 A.2d 897; Com v. Campbell, 196 Pa. Superior ...


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