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COMMONWEALTH v. DIAMOND (06/21/73)

decided: June 21, 1973.

COMMONWEALTH
v.
DIAMOND, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas of Bucks County, Nos. 531, 531-1 and 596 of 1971, in case of Commonwealth of Pennsylvania v. Michael Diamond.

COUNSEL

Edward A. Stutman, Assistant Public Defender, for appellant.

Stephen B. Harris, First Assistant District Attorney, with him Kenneth G. Biehn, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ. Dissenting Opinion by Hoffman, J. Cercone and Spaeth, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 225 Pa. Super. Page 53]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This appeal presents the question of whether or not the trial court erred in increasing appellant's minimum

[ 225 Pa. Super. Page 54]

    sentence after learning that he had attempted to escape several hours subsequent to the imposition of sentence.

Appellant Michael Diamond was charged with fraudulent conversion, larceny by employee, and two counts of forgery. On May 22, 1972, he was tried before the Honorable John Justus Bodley, sitting without a jury, in Bucks County. After the presentation of the evidence, the court found appellant guilty on all counts. On August 24, 1972, Judge Bodley sentenced him to a term of not less than five months nor more than five years in the state penitentiary. Several hours later the judge learned that the appellant had attempted to escape while being transported to the sheriff's van. The trial judge ordered that the appellant be returned to the courtroom for resentencing; Judge Bodley then imposed a sentence of not less than one year nor ...


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