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COMMONWEALTH PENNSYLVANIA v. JOHN MICHAEL ZUDER (09/21/83)

submitted: September 21, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN MICHAEL ZUDER, APPELLANT



No. 553 Philadelphia, 1982, Appeal from the Judgment of Sentence of February 8, 1982 in the Court of Common Pleas of Monroe County, Criminal Division, No. 594 of 1978

COUNSEL

Michael R. Muth, Public Defender, Stroudsburg, for appellant.

Robert C. Lear, Assistant District Attorney, Stroudsburg, for Commonwealth, appellee.

Cirillo, Johnson and Cercone, JJ.

Author: Cercone

[ 322 Pa. Super. Page 412]

On January 3, 1979, appellant was convicted by a jury in the Court of Common Pleas of Monroe County of indecent exposure and open lewdness. Following the denial of his post-verdict motions, appellant appeared before the Honorable Harold A. Thomson, Jr. on April 9, 1980 for sentencing. For the crime of indecent exposure, the court ordered appellant to pay a fine of One Thousand Dollars and to undergo incarceration for a period of not less than six (6) months nor more than twenty-three (23) months. Sentence for the offense of open lewdness was suspended.

[ 322 Pa. Super. Page 413]

The Superior Court affirmed appellant's judgment of sentence in a per curiam order entered on October 16, 1981. See Commonwealth v. Zuder, 296 Pa. Superior Ct. 576, 438 A.2d 642 (1981). Appellant's petition for allowance of appeal was denied by the Supreme Court on January 29, 1982.

On April 10, 1980, in an entirely unrelated proceeding before the Honorable James R. Marsh of the Court of Common Pleas of Monroe County, appellant was found guilty of criminal trespass. Appellant was sentenced on June 12, 1981 to serve a term of imprisonment of between three (3) and twenty-three (23) months. Appellant was placed on parole on November 3, 1981. Such parole was revoked on February 1, 1982 and appellant was recommitted to serve the unexpired portion of his prison sentence imposed for the criminal trespass conviction. Subsequently, on June 18, 1982, appellant's parole was reinstated for the balance of his term of imprisonment.

Finally, on January 16, 1982, in yet another unassociated case, this one tried before Judge Thomson, appellant was acquitted of the charge of criminal homicide.

On February 8, 1982, approximately one week after appellant's parole on the criminal trespass conviction had been revoked by Judge Marsh, Judge Thomson entered the following order pertaining to the sentence he imposed on appellant on April 9, 1980 following appellant's conviction of indecent exposure and open lewdness:

Order

AND NOW, this 8th day of February, 1982, the Prothonotary of the Supreme Court of Pennsylvania having communicated with a statement that the Appeal of the Defendant has been denied, it is the Order of this Court that the Defendant commence serving his previously imposed sentence in this matter upon parole ...


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