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COMMONWEALTH PENNSYLVANIA v. MICHAEL WAYNE HARTMAN (09/25/81)

SUPERIOR COURT OF PENNSYLVANIA


filed: September 25, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
MICHAEL WAYNE HARTMAN, APPELLANT

No. 171 PITTSBURGH, 1980, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Blair County, at No. 247 of 1979.

COUNSEL

Norman D. Callan, Assistant Public Defender, Hollidaysburg, for appellant.

Jolene M. Grubb, Assistant District Attorney, Hollidaysburg, for Commonwealth, appellee.

Hester, Brosky and Van der Voort, JJ.

Author: Per Curiam

[ 291 Pa. Super. Page 87]

On September 17, 1979, appellant pleaded guilty to charges of Retail Theft (misdemeanor, second degree) and

[ 291 Pa. Super. Page 88]

Terroristic Threats. A companion charge of Recklessly Endangering Another was nol-prossed. On February 5, 1980, after procurement of a pre-sentence report, and fairly lengthy discussions of the case by counsel for both sides, Judge John A. Cherry, imposed sentences of 6 months to 12 months on the charge of retail theft and 5 1/2 months to 5 years on the charge of terroristic threats, to run consecutively. The court imposed a period of probation to run consecutively to the imprisonment, conditioned further that appellant refrain entirely from the use of any alcoholic beverage during the period of probation.

On this appeal appellant argues that the sentence was "excessive and invalid in that the court relied on impermissible factors." No petition for reconsideration of the sentence has been filed. Appellant argues a petition is unnecessary where it is "unlikely that the lower court would desire to change the sentence." We disagree.

This Court may not review the lower court's imposition of sentence unless such court has first had an opportunity to reconsider its sentence. Commonwealth v. Graves, 275 Pa. Super. 557, 419 A.2d 41 (1980); Commonwealth v. Howard, 258 Pa. Super. 440, 392 A.2d 875 (1978); and Commonwealth v. Brunner, 243 Pa. Super. 55, 369 A.2d 446 (1976).

Appeal quashed.

19810925

© 1998 VersusLaw Inc.



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