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COMMONWEALTH PENNSYLVANIA v. RICARDO BELL (04/03/81)

SUPERIOR COURT OF PENNSYLVANIA


April 3, 1981

COMMONWEALTH OF PENNSYLVANIA
v.
RICARDO BELL, APPELLANT

No. 2127 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division at Nos. 1476, 1477, 1479 and 1481 August Term, 1977.

Before Brosky, Hoffman, and Cirillo,*fn* JJ.

Per Curiam:

Appellant was convicted at Nos. 1476, 1477, 1479, and 1481 August Term, 1977. The lower court imposed sentence on each. At No. 1481 August Term, 1977, the court imposed the following sentence:

"not less than two and one half (2 1/2) years nor more than five (5) years in the State Correctional Institution at Graterford, to run concurrent with sentence imposed on Bills #1476 and 1480."

Because appellant was not convicted on No. 1480 August Term, 1977, it was inappropriate for the lower court to enter the above-quoted sentence. Accordingly, we modify the sentence on No. 1481 to run concurrently with the sentence imposed on No. 1476 August Term, 1977. The balance of appellant's sentence is undisturbed.


*fn* Honorable Vincent A. Cirillo of the Court of Common Pleas of Montgomery County, Pennsylvania, is sitting by designation.


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