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COMMONWEALTH v. BOMBERGER (06/13/69)

decided: June 13, 1969.

COMMONWEALTH
v.
BOMBERGER, APPELLANT



Appeals from judgment of Court of Quarter Sessions of Philadelphia County, Sept. T., 1958, Nos. 74 and 75, in case of Commonwealth of Pennsylvania v. Robert M. Bomberger.

COUNSEL

Harvey Bartle, III, with him Dechert, Price & Rhoads, for appellant.

James D. Crawford, Assistant District Attorney, with him Walter L. Foulke, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Hoffman, J.

Author: Hoffman

[ 214 Pa. Super. Page 431]

On October 19, 1959, appellant pleaded guilty to eleven indictments, ten (Bills No. 74 through 83 September Sessions, 1958) charging false pretenses and one (Bill No. 91 September Sessions, 1958) charging making a false statement of financial condition.

The trial court placed him on probation, consisting of twelve one year terms to run consecutively commencing with Indictment No. 74 and proceeding in numerical order. The probation, however, was conditioned upon appellant making restitution at the rate of $20.00 per week until the entire sum of $13,290.30 was paid to the private prosecutor.

On September 25, 1967, the private prosecutor informed the Probation Department that he had received only $60.00 from appellant and that payment was made in December 1966. Subsequent arrangements were made for appellant to pay an additional sum but he did not comply with their terms.

Finally, on January 26, 1968, a detainer was lodged against appellant, and on February 27, 1968, he was found in violation of his probation. The Court revoked probation and imposed consecutive prison terms of one to five years each on bills No. 74 and 75 and suspended sentence on the remainder of the bills. This appeal followed.

Appellant contends that the lower court did not act with reasonable promptness in revoking his probation and, therefore, he is entitled to be released from confinement. Specifically, he maintains that since he has been sentenced on two bills of indictment for which his probation had expired on October 19, 1960, and on October 19, 1961, respectively it is beyond the power of the court to sentence him as to those bills.

This case is controlled by Commonwealth v. Duff, 414 Pa. 471, 200 A.2d 773 (1964), wherein the Supreme

[ 214 Pa. Super. Page 432]

Court reversed this Court's disposition reported at 201 Pa. Superior Ct. 387, ...


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