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.
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.
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
04/09/59 Burglary 4-8 years Pa. Bureau of
04/11/59 Burglary 4-8 years Pa. Bureau of
05/13/59 Burglary, 4-8 years Pa. Bureau of
02/06/64 Burglary, Suspended ...