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COMMONWEALTH v. ELLIOT (05/17/73)

THE SUPERIOR COURT OF PENNSYLVANIA


May 17, 1973

COMMONWEALTH
v.
ELLIOT, APPELLANT.

Appeals, Nos. 1696 to 1698, inclusive, Oct. T., 1972, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1972, Nos. 1175 to 1177, inclusive.

COUNSEL

John W. Packel and Jonathan Miller, Assistant Defenders, and Vincent J. Ziccardi, Defender, for Appellant; James T. Ranney and Milton M. Stein, Assistant District Attorneys, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before Mcclanaghan, J.

Opinion PER CURIAM: Following conviction appellant received concurrent sentences of one and one half to five years on indictments charging statutory rape (No. 1175) and two and one half to eight years on an indictment (No. 1176) charging forcible rape. As both offenses arose out of a single incident, sentence could be imposed on only one conviction. Cf. Commonwealth v. Lockhart, 223 Pa. Superior Ct. 60, 296 A.2d 883 (1972).

The record is remanded to the court below for resentence according to law.

19730517

© 1998 VersusLaw Inc.



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