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COMMONWEALTH v. DAYMUDE (04/03/74)

decided: April 3, 1974.

COMMONWEALTH
v.
DAYMUDE, APPELLANT



Appeal from order of Court of Common Pleas of Franklin County, No. 331 of 1968, in case of Commonwealth of Pennsylvania v. Walter Elroy Daymude.

COUNSEL

Robert E. Graham, Jr., Assistant Public Defender, and Blake E. Martin, for appellant.

Edwin D. Strite, Jr., First Assistant District Attorney, and John R. Walker, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Spaeth, J. Watkins, P. J., and Price, J., dissent.

Author: Spaeth

[ 227 Pa. Super. Page 116]

This is an appeal from an order entered under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. ยง 1180-1 et seq.

Appellant appeared with counsel on December 11, 1968, and pleaded guilty to two counts of burglary and two of larceny. On February 7, 1969, after an examination of a pre-sentence report and questions about its contents, the court below imposed two concurrent

[ 227 Pa. Super. Page 117]

    sentences of one to six years and two concurrent suspended sentences, one of five and the other of six years.

Appellant contends that the sentences were so excessive that they should be vacated as cruel and unusual punishment; the reason they were excessive is that they are to be served after he serves a sentence in Maryland.*fn1 There is no merit to this contention. As the court below said, "we are not prepared to find that one who commits multiple crimes in sister states earns a constitutional immunity from punishment in each state."

Appellant also contends that his guilty pleas were involuntary in that they were induced by the manner in which he was incarcerated before his hearing.

For two of the three months before pleading guilty, appellant was separated from the general population at the Franklin County jail and kept in a room appropriately dubbed "the hole". At the PCHA hearing appellant testified that he had pleaded guilty because he was afraid that if he did not he would be returned to the hole pending trial.

The hole is a cell approximately six feet by ten feet with a wooden floor and a steel door. There is one window measuring about six by fourteen inches and about six feet off the floor. The window was broken while appellant was there -- in November ...


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