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COMMONWEALTH PENNSYLVANIA v. ANTHONY WENDOWSKI (03/21/80)

submitted: March 21, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
ANTHONY WENDOWSKI, APPELLANT



No. 2010 October Term 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Criminal Section, Trial Division, No. 933 April Session 1975.

COUNSEL

John W. Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Hester, Wickersham and Lipez, JJ.

Author: Lipez

[ 278 Pa. Super. Page 454]

The issue in this case is whether a judge may exercise his statutory authority*fn1 to revoke an order of probation upon violation of the terms of such order even though the defendant was not serving the probationary term at the time of revocation. Following is a chronology of the events relevant to this appeal:

31 July 1974 The Honorable John Geisz sentences appellant to two years' probation.

[ 278 Pa. Super. Page 45510]

December 1974 The Honorable Norman Jenkins sentences appellant to five years' probation on a different conviction.

6 March 1975 Judge Jenkins, on a third conviction, imposes a sentence of time in to twenty-three months' imprisonment.

5 September 1975 Appellant pleads guilty, before the Honorable Curtis C. Carson, to charges of burglary and theft. Judge Carson defers sentence to October 21, 1975.

29 September 1975 On the basis of the guilty plea of 5 September, Judge Geisz revokes the probation imposed by him in 31 July 1974; he sentences appellant to six to twenty-three months' imprisonment. For the same reason, Judge Jenkins revokes the parole granted on 6 March 1975 and sentences appellant to the remainder of the twenty-three month maximum term. The probationary term of 10 December 1974 is continued.

21 October 1975 Judge Carson, aware of the above events, sentences appellant to five years' probation, commencing at the expiration of "any other sentences ...


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