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COMMONWEALTH PENNSYLVANIA v. JOHN R. CONNER (03/23/78)

SUPREME COURT OF PENNSYLVANIA


decided: March 23, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN R. CONNER, APPELLANT

COUNSEL

Nelson M. Galloway, Harrisburg, for appellant.

LeRoy S. Zimmerman, Dist. Atty., Marion E. MacIntyre, Second Asst. Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 477 Pa. Page 487]

OPINION OF THE COURT

On June 13, 1969, appellant was convicted by a jury of voluntary manslaughter. Following the denial of post-verdict motions, he was sentenced to a term of imprisonment of not less than six nor more than twelve years. On direct appeal, this Court affirmed the judgment of sentence. Commonwealth v. Conner, 445 Pa. 36, 282 A.2d 23 (1971). On July 7, 1975, this Court, acting upon appellant's pro se petition for a writ of coram nobis, remanded the case to the trial court for resentencing of appellant without consideration of any uncounseled convictions expunged from appellant's record because invalid under Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). Commonwealth v. Conner, 462 Pa. 282, 341 A.2d 81 (1975). Appellant was resentenced on August 21, 1975, to a term of imprisonment of not less than six nor more than twelve years, to be computed from December 11, 1965. From this judgment of sentence, appellant now appeals.*fn1

Appellant challenges the sentence imposed upon resentencing on the grounds that the judge who resentenced

[ 477 Pa. Page 488]

    appellant should have disqualified himself and that the sentence imposed constitutes cruel and unusual punishment.*fn2 We hold both contentions lack merit.*fn3

Judgment of sentence affirmed.


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