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COMMONWEALTH v. MACKAY (09/15/72)

SUPERIOR COURT OF PENNSYLVANIA


decided: September 15, 1972.

COMMONWEALTH
v.
MACKAY, APPELLANT

Appeal from judgment of sentence of Court of Common Pleas of Montgomery County, Sept. T., 1969, No. 274, in case of Commonwealth of Pennsylvania v. Richard Glenn MacKay.

COUNSEL

Daniel C. Barrish, Assistant Public Defender, for appellant.

J. David Bean and Stewart J. Greenleaf, Assistant District Attorneys, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, 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 235]

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 not less than one nor more than five years, after appellant has violated a three-year term of probation and failed to pay a fine of $250, originally imposed in lieu of sentencing.

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

Disposition

Judgment of sentence affirmed.

19720915

© 1998 VersusLaw Inc.



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