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COMMONWEALTH PENNSYLVANIA v. HENRY BLACK (11/06/81)

SUPERIOR COURT OF PENNSYLVANIA


November 6, 1981

COMMONWEALTH OF PENNSYLVANIA
v.
HENRY BLACK, APPELLANT

No. 451 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas of Montgomery County, Criminal Division, at No. 2727-79.

Before Price, Wieand, and Hoffman, JJ. Price, J., did not participate in the consideration or decision in this case.

MEMORANDUM OPINION:

Following a jury trial, appellant was convicted of terroristic threats, indecent exposure, and indecent assault; and acquitted of attempted rape. Following the withdrawal of post-verdict motions, the lower court imposed the following sentence:

On the information... charging [appellant] with terroristic threats, the Court enters the following sentence.

And now February 6, 1980, [appellant]... is sentenced to undergo imprisonment for not less than two nor more than five years..., the commitment to date from June 19, 1979....

On the charges of indecent exposure and indecent assault, the Court enters the following order.

... [I]n lieu of sentence [appellant] is released on probation for a period of two years in the custody of the County probation department. He's to pay the costs of prosecution and two hundred and fifty dollars for the use of the County during the first twelve months of the probationary period in monthly installments as directed by the probation officer. There will not be a duplicate fine, only in the one.

The Court directs that this probationary period shall commence upon the defendant's discharge from custody.

N.T. February 6, 1980, at 13-14. The lower court subsequently denied appellant's petition for modification of sentence. This appeal followed.

Appellant contends that his sentence was unduly harsh and excessive. We have thoroughly reviewed the record and the comprehensive opinion of President Judge LOWE, and conclude that he did not abuse his discretion in imposing the above sentence. See Commonwealth v. Knight, 479 Pa. 209, 387 A.2d 1297 (1978).*fn*

Judgment of sentence affirmed.

PRICE, J., did not participate in the consideration or decision in this case.


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