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COMMONWEALTH PENNSYLVANIA v. CALVIN SIMMONS (05/23/78)

SUPERIOR COURT OF PENNSYLVANIA


decided: May 23, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
CALVIN SIMMONS, APPELLANT

COUNSEL

Calvin S. Drayer, Jr., Assistant Public Defender, Norristown, for appellant.

Ross Weiss, First Assistant District Attorney, Elkins Park, and William T. Nicholas, District Attorney, Norristown, for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., concurs in the result. Watkins, former President Judge, did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 255 Pa. Super. Page 249]

On March 2, 1976, appellant entered a guilty plea to Theft by Receiving Stolen Goods which, pursuant to the terms of a plea agreement, was designated as a misdemeanor of the first degree. Appellant was sentenced to a five year term of probation. He thereafter violated the terms of the probationary order. After a revocation hearing, appellant was sentenced to three to seven years imprisonment. This was an error since the maximum term of imprisonment for a misdemeanor of the first degree is five years. The case is therefore remanded to the lower court for resentencing.

Appellant also contends that he was denied a Gagnon I hearing and a speedy Gagnon II hearing, see Pa.R.Crim.P. 1409. These claims are without merit.

19780523

© 1998 VersusLaw Inc.



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