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COMMONWEALTH v. CHRISTINA (09/19/73)

decided: September 19, 1973.

COMMONWEALTH
v.
CHRISTINA, APPELLANT



Appeal from order of Court of Common Pleas of Luzerne County, No. 139 of 1972, in case of Commonwealth of Pennsylvania v. Peter Stephen Christina.

COUNSEL

Cletus P. Lyman, with him Lyman & Ash, for appellant.

William R. Keller, Assistant District Attorney, with him Patrick J. Toole, Jr., District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 225 Pa. Super. Page 96]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Spaeth, J.:

On August 7, 1972, appellant was sentenced on a conviction of burglary and larceny to serve two to four years in the county prison. On August 11, upon appellant's petition, the sentencing judge filed an order directing the warden of the prison to permit appellant to leave the prison each working day to do construction work, and directing appellant "to return immediately" to the prison "at the end of the working hours", and to pay the warden for board. The order concluded by providing:

"This Order may be revoked at any time, with or without notice to petitioner.

"The Warden shall report any infractions by [appellant] to the Court immediately."

On November 1 the sentencing judge revoked this order, without notice to appellant and without a hearing. The case comes before us on appeal from that revocation.

In response to the appeal the sentencing judge has filed a statement of the reasons for the revocation, as follows:

[ 225 Pa. Super. Page 97]

"The reasons for the Order of November 1, 1972, were as follows:

"(1) While on work release the defendant received a citation for operating a motor vehicle ...


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