No. 1264 October Term, 1977
Calvin S. Drayer, Jr., Assistant Public Defender, Norristown, for appellant.
William T. Nicholas, District Attorney, Norristown, for Commonwealth, appellee.
Price, J., files an Opinion in Support of Affirmance in which Hester and Van der Voort, JJ., join. Cercone, President Judge, files an Opinion in Support of Reversal in which Spaeth and Hoffman, JJ., join. Jacobs, former President Judge, did not participate in the consideration or decision of this case.
[ 273 Pa. Super. Page 331]
The six judges who heard this appeal being equally divided, the judgment of sentence is affirmed.
Opinion IN SUPPORT OF AFFIRMANCE
On April 4, 1974, appellant pleaded guilty to four counts of burglary,*fn1 four counts of theft of movable property,*fn2 four
[ 273 Pa. Super. Page 332]
counts of loitering,*fn3 and one count of rape.*fn4 Four counts of theft by receiving stolen property*fn5 were nolle prossed by the Commonwealth as part of the plea agreement. Sentence was deferred, and appellant was remanded to Norristown State Hospital for a complete mental health survey report. On March 24, 1975, the court below, per order of Judge A. Benjamin Scirica, found appellant to be mentally ill and committed him to Farview State Hospital to await sentencing. On April 17, 1975, appellant was committed, in lieu of sentence, per order of Judge Joseph H. Stanziani, to Farview State Hospital for a period of fifty-six to one hundred and twelve years. This sentence was later revised on April 30, 1975, to fifty-five and one-half to one hundred and eleven years. Appellant was also sentenced to serve a twenty month parole violation with the above disposition.
The court below was notified in January 1977, by the Assistant Superintendent of Farview, that appellant had received the maximum benefit from his hospitalization at Farview, and the Assistant Superintendent recommended that appellant be returned to court for further disposition.*fn6 After the court below received two ...