Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section as of October Sessions 1968, No. 1359. No. 796 October Term, 1975.
Timothy J. Savage, Philadelphia, for appellant.
Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.
[ 245 Pa. Super. Page 289]
Appellant, incarcerated after revocation of probation, contends that the twenty-three month delay between the violation and the hearing violates due process. Further, he contends that the sentence upon revocation violates double jeopardy. We reject these contentions and, therefore, affirm the judgment of sentence.
The appellant pleaded guilty on May 14, 1970, to charges of aggravated robbery*fn1 and related offenses.
Appellant had been incarcerated from the time of his arrest, and, by the time he appeared for sentencing on June 17, 1970, had already served 21 months in jail. During that period, social service counselors had worked successfully with appellant, and, as a result, appellant's presentence report was favorable. The court, therefore, sentenced appellant to a term of imprisonment of 11 to 23 months, credited him with time served, placed him on parole as of the date of sentencing, and accepted a Commonwealth recommendation of 5 years' probation:
"On Bill 1359, accepting the Commonwealth's recommendation in this case, probation for a period of five years. That probation to be a State probation.
"Jerome, you have been in institutions before. You have been on probation before.
"You are now an adult. I will tell you something so that we can understand each other. I have accepted this plea-bargain arrangement not because of your past and not because of the offense committed, because the nature of the offense committed would ...