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COMMONWEALTH PENNSYLVANIA v. JOHN STEPHEN ZAENGLE (08/10/84)

filed: August 10, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN STEPHEN ZAENGLE, APPELLANT



No. 175 Harrisburg 1983, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Cumberland County at No. 886 Criminal 1982.

COUNSEL

Taylor P. Andrews, Public Defender, Carlisle, for appellant.

Kevin A. Hess, Assistant District Attorney, Carlisle, for Commonwealth, appellee.

Wickersham, Olszewski and Hoffman, JJ. Olszewski, J. filed a dissenting opinion.

Author: Wickersham

[ 332 Pa. Super. Page 139]

On September 4, 1982, appellant, John Stephen Zaengle, was involved in a one-car accident which resulted in the deaths of the three passengers in his vehicle. On January 26, 1983, appellant entered guilty pleas to one count of driving under the influence*fn1 and three counts of homicide by vehicle.*fn2 On April 15, 1983, appellant was sentenced as follows:

No. 886 -- 1982(B), Count I, Homicide by Motor Vehicle, pay a fine of $1,000 and undergo imprisonment in a State Correctional Institution for a period of not less than one (1) year nor more than four (4) years and eleven (11) months; the sentence was suspended for a period of four (4) years eleven (11) months on the condition that [appellant] was placed on probation under the supervision of the Cumberland County Probation Department with intense supervision, and on the further conditions he would serve

[ 332 Pa. Super. Page 140]

    twelve (12) months in the Cumberland County Prison, pay $1,000 to the use of the County of Cumberland, not have an operator's license for four (4) years and eleven (11) months or operate a motor vehicle during that period, and upon release from incarceration seek and secure and retain full employment.

Criminal Action No. 886 -- 1982 (B), Count 2, Homicide by Motor Vehicle sentence was suspended for a period of five (5) years on the condition that [appellant] would pay the sum of $500 to the County of Cumberland and the sentence would run concurrent with that imposed to No. 886 -- 1982 (B) Count 1.

Criminal Action No. 886 -- 1982 (B), Count 3, Homicide by Motor Vehicle, sentence was suspended for a period of five (5) years on the condition that [appellant] would pay the sum of $500 to the County of Cumberland and the sentence was to be served consecutive to the sentences imposed in No. 886 of 1982, (B), Counts 1 and 2.

Criminal Action No. 886 of 1982 (A), Driving under the Influence, sentence was suspended for a period of one (1) year on the condition that [appellant] pay the sum of $500 to the use of the County of Cumberland and the sentence to run concurrent to the sentence imposed in Criminal Action No. 886 of 1982 (B), Count 3.

Supp. lower ct. op. at 5-6 (emphasis added).

On May 6, 1983, the Cumberland County Public Defender's Office filed a motion to modify sentence pursuant to Pa.R.Crim.P. No. 1410, challenging the legality of the sentence. The sentencing judge summarily dismissed the motion as ...


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