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COMMONWEALTH v. JOHNSON (09/15/72)

SUPERIOR COURT OF PENNSYLVANIA


decided: September 15, 1972.

COMMONWEALTH
v.
JOHNSON, APPELLANT

Appeal from order of Court of Common Pleas, Criminal Division, of Philadelphia, June T., 1961, Nos. 532 and 533, in case of Commonwealth of Pennsylvania v. John W. Johnson.

COUNSEL

Robert F. Simone, for appellant.

James D. Crawford, Deputy District Attorney, with him Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Hoffman

[ 222 Pa. Super. Page 234]

This case presents the issue of whether a trial judge subjects an appellant to double jeopardy when he sentences appellant to a prison term of eight to twenty years, after appellant has violated a three-year term of probation, originally imposed in lieu of sentencing.

In view of Commonwealth v. Cole, 222 Pa. Superior Ct. 229, 294 A.2d 824 (1972), we hold that appellant was not placed in double jeopardy, and therefore, the order of the lower court is affirmed.

Disposition

Order affirmed.

19720915

© 1998 VersusLaw Inc.



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