No. 504 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Pennsylvania Imposed on Bill of Indictment No. 918, January Session, 1971
Before Hester, Shertz and Wieand, JJ.
This is an appeal from a judgment of sentence imposed following revocation of Appellant's probation. Appellant argues that the probation violation occurred after his probationary term had expired. This issue was adequately addressed by the lower court and its opinion is attached for allocatur purposes.
THE CASE WAS DECIDED PRIOR TO THE EXPIRATION OF SHERTZ'S COMMISSION OF OFFICE.
IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION
COMMONWEALTH vs STEPHEN BASS
CHARLES P. MIRARCHI, JR., A. J. - November 8, 1978
Defendant, STEPHEN BASS, appeared before Judge MC LAUGHLIN on May 24, 1971, having been indicted in January, 1971 on the following bill: No. 918 - Burglary of an automobile. On that date the defendant pled guilty and was sentenced to be placed on five years probation to begin at expiration of sentence then serving.
This Court is hearing Judge MC LAUGHLIN's violations of probation.
The defendant appeared before this Court on November 28, 1977 for a violation of probation hearing. The defendant had appeared before this Court on July 21, 1977 and the case was continued at the request of defense counsel pending disposition of the open case. On September 7, 1977, this case was continued at defense counsel's request pending disposition of the open case. On October 3, 1977, the case was continued to October 20, 1977 pending disposition of the open case. On October 20, 1977, this Court determined that prior case histories were needed to determine status of defendant's probation and requested that the Quarter Sessions files be sent down for further investigation. On November 10, 1977, upon receipt of the aforementioned files, this case was continued to November 28, 1977 to allow this Court time to review the files.
On November 28, 1977, this Court reviewed the prior sentences. The defendant first argued that his original probation should have been reduced to a misdemeanor of the third degree, since the criminal code was amended in 1973. However, the defendant pled guilty to the crime of receiving stolen goods involving § ...