No. 229 Philadelphia 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas of Montgomery County, Criminal Division at Nos. 489, 490, 882, 981, 1337 Jan. Term 1975; 1693 thru 1702 April Term 1975; and 2516 of 1977.
Arthur J. King, Assistant Public Defender, Norristown, for appellant.
Ronald T. Williamson, Assistant District Attorney, Norristown, for Commonwealth, appellee.
Spaeth, Hester and Cavanaugh, JJ. Cavanaugh, J., concurs in the result.
[ 284 Pa. Super. Page 292]
This is an appeal from a judgment of sentence imposed after revocation of probation. The issue is whether in imposing the sentence, the lower court abused its discretion. We have concluded that it did not.
On November 12, 1975, appellant pleaded guilty to three counts of burglary,*fn1 eleven counts of criminal conspiracy to
[ 284 Pa. Super. Page 293]
commit burglary,*fn2 and one count of theft by extortion.*fn3 He was sentenced to serve three concurrent ten-year terms of probation for the conspiracy and extortion counts. The probation started on November 12, 1975.
On July 11, 1977, appellant received a written notice that he was in violation of his probation because of his arrest on June 22, 1977, by the Hatfield Township Police for criminal attempt (burglary), loitering and prowling at nighttime, public drunkenness, and disorderly conduct.*fn4 At a hearing on July 29, 1977, the lower court found appellant to be in violation of his probation. Apparently, however, the court did not revoke probation.
On September 13, 1978, appellant was arrested by the Soudertown Police Department -- for an offense allegedly committed on August 15, 1978 -- on charges of burglary, theft, receiving stolen property, criminal trespass, and criminal conspiracy. Shortly thereafter, without any notice to his probation officer, he left the Commonwealth for California. His whereabouts did not become known to the probation authorities until October 1979, when he was arrested in San Bernardino, California, for drunken driving.
Appellant was returned to the Commonwealth, and on November 13, 1979, he received a written notice that he was in violation of his probation because of his September 13, 1978, arrest by the Soudertown Police Department, and also for absconding from the supervision of the probation authorities. On December 5, 1979, the lower court held a hearing, at which it found appellant to be in violation of his probation. On December 6, 1979, the court revoked probation and sentenced appellant to a prison term of three-and-one-half to ten years on the conspiracy and burglary convictions, and to a consecutive term of one to five years on the extortion
[ 284 Pa. Super. Page 294]
conviction. Appellant filed a timely petition for reconsideration of the sentence, and on December 26, 1979, after a hearing held December 24, 1979, the lower court modified the sentence to provide that the two sentences should be served concurrently.
It is from this sentence that appellant now appeals. He does not challenge the lower court's finding that he was in violation of the terms and conditions of his probation, nor its revocation of his probation. His sole contention is that in the ...