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COMMONWEALTH PENNSYLVANIA v. PAUL SHOEMAKER (12/21/84)

filed: December 21, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
PAUL SHOEMAKER, APPELLANT



Appeal No. 2642 Philadelphia 1981, from the judgment of sentence of the Court of Common Pleas of Luzerne County, Criminal Nos. 746, 1099 of 1981; HOURIGAN, Judge.

COUNSEL

Philip T. Medico, Jr., Assistant Public Defender, Wilkes-Barre, for appellant.

Chester B. Muroski, District Attorney, Wilkes-Barre, for Commonwealth, appellee.

Cavanaugh, Cirillo and Hester, JJ.

Author: Per Curiam

[ 337 Pa. Super. Page 129]

The case at bar has been remanded to this Court for proceedings consistent with the Pennsylvania Supreme Court's order in Commonwealth v. Shoemaker, 502 Pa. 573, 467 A.2d 819 (1983), vacating 303 Pa. Super. 242, 449 A.2d 669. The Supreme Court found that the trial court did

[ 337 Pa. Super. Page 130]

    not err by failing to impose a minimum sentence because appellant was sentenced pursuant to the "Youth Offenders Act," Act of April 28, 1887, P.L. 63, § 6, 61 P.S. 485 (1964), "which specifically prohibits the imposition of a minimum period of incarceration." Commonwealth v. Shoemaker, supra,, 502 Pa. at 574, 467 A.2d at 820.

Turning to appellant's second assignment of error, he argues that the sentence imposed was excessive and without regard to the circumstances of the offenses or his character. We find no merit to this contention. Accordingly, the judgment of sentence imposed by the Court of Common Pleas of Luzerne County is hereby affirmed.

Judgment of sentence affirmed.

19841221

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