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COMMONWEALTH PENNSYLVANIA v. DONALD HOLDEN (06/25/86)

submitted: June 25, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
DONALD HOLDEN, APPELLANT



Appeal from the Judgment of Sentence of the Court of Common Pleas, Mercer County, Criminal Division, at No. 599 Criminal, 1984.

COUNSEL

Richard A. Peterson, Greenville, for appellant.

Charles S. Hersh, Assistant District Attorney, Hermitage, for Com., appellee.

Brosky, Del Sole and Montgomery, JJ.

Author: Brosky

[ 358 Pa. Super. Page 238]

This appeal comes before us on submission from the judgment of sentence imposed after a jury conviction on the

[ 358 Pa. Super. Page 239]

    charges of resisting arrest, aggravated assault, simple assault and disorderly conduct. Based upon our reasoning below, we quash the appeal.

After denial of his post-verdict motions, appellant was sentenced*fn1 on January 2, 1986, to a period of incarceration on the charge of aggravated assault of no less than eighteen months nor more than four years, plus payment of costs, and on the charge of disorderly conduct to a term of incarceration of not less than forty-five nor more than ninety days running concurrently with the sentence for aggravated assault, in addition to payment of costs.

On January 7, 1986, appellant filed a timely Motion to Modify his sentence. The trial court, by order dated the same day, set a hearing on appellant's Motion to Modify for January 29, 1986. Appellant also filed a notice of appeal to this Court on the same day.

On January 29, 1986, the date set for hearing on appellant's Motion to Modify, and within the thirty-day limitation period for action on sentence modification when a timely appeal from the original judgment of sentence is taken as prescribed by Pa.R.App.P. 1701(b), the trial court granted the Motion and rendered an amended judgment of sentence on the aggravated assault conviction, reducing appellant's term of incarceration to a period of not less than six months nor more than two years. The sentence originally imposed on the disorderly conduct offense remained the same in the amended judgment, and appellant received a credit of twenty-eight days.

No new or amended notice of appeal was filed from the amended judgment of sentence of January 29, 1986.

We recently reaffirmed the common law rule that, absent statutory authority providing otherwise, a trial court is without jurisdiction to act in a matter after the record has been removed on ...


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