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COMMONWEALTH EX REL. MILLER v. MYERS (03/24/66)

decided: March 24, 1966.

COMMONWEALTH EX REL. MILLER, APPELLANT,
v.
MYERS



Appeal from order of Court of Common Pleas of Monroe County, July T., 1965, No. 51, in case of Commonwealth ex rel. Joseph William Miller v. David N. Myers, Superintendent.

COUNSEL

Joseph W. Miller, appellant, in propria persona.

James R. Marsh, District Attorney, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Flood, Jacobs, and Hoffman, JJ.

Author: Per Curiam

[ 207 Pa. Super. Page 274]

We find no merit in appellant's argument that he was denied the effective assistance of counsel at resentencing on Bills Nos. 35 and 49 December Term, 1960, which was ordered by us in Commonwealth ex rel. Miller v. Myers, 206 Pa. Superior Ct. 84, 211 A.2d 87 (1965). The sentence of not less than five nor more than ten years on No. 49 December Term, 1960, charging larceny, however, was in excess of the maximum allowed by law. Act of June 24, 1939, P. L. 872, § 807, 18 P.S. § 4807.

Judgment of sentence at No. 35 December Term, 1960 is affirmed. Judgment of sentence at No. 49 December Term, 1960 is vacated, and the record is remanded to the Court of Quarter Sessions of Monroe County with directions to resentence appellant in accordance with law.

Disposition

Judgment of sentence at No. 35, Dec. T., 1960, affirmed; judgment of sentence at No. 49, Dec. T., 1960, vacated and record remanded.

19660324

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