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COMMONWEALTH v. CALL (02/05/76)

February 5, 1976

COMMONWEALTH
v.
CALL, APPELLANT.



Proceedings upon application to revoke probation. Before SMILLIE, J. Appeal, No. 1426, Oct. T., 1975, from judgment of sentence of Court of Common Pleas of Montgomery County, June T., 1970, No. 148, and Nos. 1835 and 1836 of 1970.

COUNSEL

Harry L. Green, Assistant Public Defender, for appellant; No appearance entered nor brief submitted for Commonwealth, appellee.

Per Curiam: The sentences imposed by the court below are vacated and the case is remanded for resentencing. While each sentence viewed alone is lawful, the imposition of consecutive sentences which, when combined, exceed the maximum which had previously been imposed under the concurrent sentences, constitutes a violation of double jeopardy. Commonwealth v. Taylor,. . . . . Pa. Superior Ct. . . . . , . . . . A.2d . . . . (1975).

SPAETH, J., concurs in the result.

19760205

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