No. 166 January Term 1977, Appeal from the Order of the Commonwealth Court at No. 1776 C.D. 1975.
Norman Ackerman, Philadelphia, for appellant.
Robert A. Greevy, Asst. Atty. Gen., Harrisburg, for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Larsen, J., filed a dissenting opinion in which Manderino, J., joins.
On December 22, 1954, Lonnie Davis, the appellant in this appeal, together with co-defendants, Parris and McCray, having been convicted on three indictments, each charging robbery, assault and conspiracy, appeared before the trial court for sentencing.*fn1 The following transpired:
In sentencing Parris, the court stated, "I am going to sentence you to two and one-half to fifteen years on each of three counts, which means that your sentence that you will serve will be seven and one-half to forty-five years."
In sentencing McCray, the court stated, "two and one-half to fifteen years on Bills 1033, 1032, and 1038 . . . if you don't behave yourself, you will serve the balance of that sentence, and it is a long one. Forty-five years is a long time."
In sentencing Davis here, the court stated, "I see no reason to reduce your sentence below that of the others. You are equally guilty, so I will sentence you to two and one-half to fifteen years on Bills 1032, 1033, and 1038. . . ."
Following this, the court signed an order on each Bill of Indictment. On Bill 1032 the order said sentence of two and one-half to fifteen years with commitment date of November 10, 1954. On Bill 1033 the order said sentence of two and one-half to fifteen years with commitment date "after sentence on Bill 1032, November, 1954"; on Bill 1038 the order said sentence of two and one-half to fifteen years with a commitment date "after sentence on Bill 1033, November, 1954."
The clerk of courts subsequently issued written certifications of the sentences. The certification as to Bill 1032 sets forth a commitment date of November 10, 1954. The certification ...