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COMMONWEALTH PENNSYLVANIA v. DAN-E LEE BOYCE (04/23/82)

submitted: April 23, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
DAN-E LEE BOYCE, APPELLANT



No. 2660 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Northampton County at No. 430-1981.

COUNSEL

William F. Zaun, Bethlehem, for appellant.

Donald B. Corriere, District Attorney, Easton, for Commonwealth, appellee.

Wickersham, Brosky and Wieand, JJ.

Author: Wickersham

[ 304 Pa. Super. Page 28]

On June 8, 1981, appellant appeared before the Honorable Richard D. Grifo in the Court of Common Pleas of Northampton County and entered a plea of guilty to a charge of issuing a bad check, in violation of section 4105 of the Crimes Code of Pennsylvania.*fn1 Specifically he was charged

[ 304 Pa. Super. Page 29]

    with having issued check no. 182, dated December 21, 1980, in the amount of $245.98, made payable to the order of Joe's Market, drawn on the First Valley Bank of Easton, Pennsylvania, which check was subsequently refused for insufficient funds.

At the time of the court proceedings before Judge Grifo on October 1, 1981, Boyce was serving a prison term of not less than one nor more than two years on another conviction.

The court sentenced as follows:

The sentence of the Court is that you, Dan Boyce, pay the cost of prosecution. Make restitution in full in the amount of $245.98. And that you be incarcerated in the Northampton County Prison for a period of not less than six months nor more than twelve months. And that six to twelve months shall be consecutive to the present sentence that you are serving.

However, when and if you become eligible for work release under the present sentence that you are serving, namely the one to two years, when you become eligible for work release, if you do under that sentence, this sentence ...


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