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COMMONWEALTH PENNSYLVANIA v. HARRY YARBROUGH (12/02/87)

decided: December 2, 1987.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
HARRY YARBROUGH, SR., APPELLEE



Appeal No. 97 W.D. Appeal Docket 1986, from the Order of the Superior Court, 354 Pa. Super. 633, 508 A.2d 344 (1986), of Pennsylvania entered on January 10, 1986 at No. 333 Pittsburgh, 1985, vacating the Judgment of Sentence entered February 12, 1985, of the Court of Common Pleas of Erie County, Criminal Division, at No. 1744 of 1984, and remanding for resentencing. Prior report: 354 Pa. Super. 633, 508 A.2d 344.

COUNSEL

Michael R. Veshecco, Dist. Atty., Michael R. Cauley, Asst. Dist. Atty., Erie, for appellant.

Carmela R.M. Presogna, Asst. Public Defender, Erie, for appellee.

Nix, Larsen, Flaherty, McDermott, Zappala and Papadakos, JJ. Hutchinson, Former Justice, did not participate in the consideration or decision of this case. Larsen, Justice, filed a dissenting opinion in which McDermott, Justice, joined.

Author: Per Curiam

[ 516 Pa. Page 571]

ORDER

This appeal is dismissed as having been improvidently granted.

LARSEN, Justice, dissenting.

I dissent. Appellee, Harry Yarbrough, has a criminal record as long as my arm. This criminal activity spans three decades:

Date Offense(s) Disposition

05/06/5 3Larceny 5 years probation

10/19/56 Larceny Pay costs/restitution

11/26/56 Carrying 3 years suspended sentence and

     concealed deadly released on 2 years probation

     weapon

04/09/59 Burglary 4-8 years Pa. Bureau of

Corrections

04/11/59 Burglary 4-8 years Pa. Bureau of

Corrections

05/13/59 Burglary, 4-8 years Pa. Bureau of

Larceny Corrections

02/06/64 Burglary, Suspended ...


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