No. 536 Pittsburgh, 1983, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Indiana County, Nos. 208, 133 & 134, 1981
Robert W. Lambert, Indiana, for appellant.
Gregory Allen Olson, District Attorney, Indiana, for Commonwealth, appellee.
Rowley, Wieand and Hester, JJ.
[ 326 Pa. Super. Page 332]
Where a sentence of imprisonment is suspended indefinitely and it is clear that the sentencing court did not intend to place the defendant on probation, may the court subsequently "vacate" its earlier order, revoke the suspended sentence, and reimpose a sentence of imprisonment? We hold that it cannot. Therefore, we reverse the judgments of sentence which required appellant to serve terms of imprisonment.
On June 28, 1981, Bryon Bruce Ferrier entered pleas of guilty to forgery, a felony of the second degree, and to two felony counts of retail theft. He was sentenced on July 27, 1981 to pay fines totaling $300.00, together with the costs of prosecution, and to undergo imprisonment for consecutive terms of five to ten and three and one-half to seven years. The terms of imprisonment were suspended, however, and Ferrier was placed on probation for consecutive periods totaling fifteen and one-half years.*fn1
On August 5, 1981, the trial court caused amended sentencing orders to be entered. These orders imposed the same sentences as had previously been imposed, but eliminated
[ 326 Pa. Super. Page 333]
any reference to probation. The sentences of imprisonment were suspended upon the sole conditions that Ferrier "comply with an agreement to maintain his employment and to obey all the laws of the Commonwealth of Pennsylvania."*fn2
[ 326 Pa. Super. Page 335]
Ferrier was subsequently convicted of robbery in Westmoreland County. After a hearing on April 8, 1983, the Court of Common Pleas of Indiana County revoked the suspended sentence which it had imposed on August 5, 1981 and ordered Ferrier to serve consecutive prison ...