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COMMONWEALTH PENNSYLVANIA v. RICHARD ALBERT (10/19/84)

SUPERIOR COURT OF PENNSYLVANIA


filed: October 19, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD ALBERT, APPELLANT

No. 797 Pittsburgh 1981, Appeal from the Judgment of Sentence of August 11, 1981 in the Court of Common Pleas of Allegheny County, Criminal Nos. CC7802528 and CC7802533.

COUNSEL

Wendell G. Freeland, Pittsburgh, for appellant.

Melinda G. Tell, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Brosky, Olszewski and Johnson, JJ.

Author: Olszewski

[ 335 Pa. Super. Page 425]

Appellant, Richard Albert, seeks review of an August 11, 1981 order which set aside his probation and sentenced him to two consecutive terms of imprisonment of not less than 11 1/2 nor more than 23 months. He has failed, however, to preserve the issues for appellate review.

The facts are not in dispute. On March 6, 1979, following appellant's convictions at CC-7802533 and CC-7802528 for maintaining a lottery, the trial court entered judgments of sentence requiring appellant to pay fines totaling $20,000 and to serve periods of probation totaling fifteen years. Appellant was further ordered to pay the fines within thirty days. A timely appeal was filed. That appeal pending, this Court granted a supersedeas which stayed the execution of sentence. On March 25, 1979, Albert's appeal was dismissed.

By notice dated July 30, 1981, the court informed Albert that a hearing would take place on August 6, 1981 "concerning the violation(s) of the defendant's 5 year probation of CC-7802528 by reason of his failure to pay fines and costs as ordered by the court." R. 17. Testimony was taken on August 6 and August 11, 1981 in compliance with the two-step procedure for probation violations outlined in

[ 335 Pa. Super. Page 426]

    time of the initial sentencing . . . ." 42 Pa.C.S. ยง 9771. Appellant's terms of probation totaled fifteen years. The court, revoking probation, imposed a sentence not to exceed 46 months. We find no error in that sentence.

Judgment of sentence affirmed.

19841019

© 1998 VersusLaw Inc.



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