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COMMONWEALTH PENNSYLVANIA v. RICHARD E. MAJOR (08/23/88)

filed: August 23, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD E. MAJOR, APPELLANT



Appeal from the Judgment of Sentence entered September 9, 1987 in the Court of Common Pleas of Schuylkill County, Criminal Division, at No. 328 CR 87.

COUNSEL

George T. Dydynsky, Palmerton, for appellant.

James G. Caravan, Assistant District Attorney, Schuylkill Haven, for Com., appellee.

Cavanaugh, Wieand and Del Sole, JJ.

Author: Del Sole

[ 377 Pa. Super. Page 283]

This is an appeal from Judgment of Sentence entered by the Court of Common Pleas of Schuylkill County. We affirm.

Ten months after Richard E. Major escaped from the Schuykill County Prison in Pottsville, Pennsylvania, he was

[ 377 Pa. Super. Page 284]

    apprehended on February 25, 1987. He was charged with escape, theft by unlawful taking, receiving stolen property and criminal conspiracy.

Appellant pleaded guilty to the charges of escape and criminal conspiracy to escape. All remaining charges were nol prosed. The trial court imposed concurrent sentences of 24 to 48 months on the charge of escape and 24 to 48 months on the charge of conspiracy to escape, to be served consecutive to the 18 to 48 months sentence which Appellant was serving for robbery. A timely motion for modification of sentence was denied. This appeal followed.

Appellant presents two issues for our review on appeal: (1) Where the information by which Appellant was charged with escape made no reference to the offense as a felony or a misdemeanor, should Appellant be sentenced to a sentence allowed for escape as a misdemeanor of the second degree rather than a felony of the third degree; and, (2) If the court finds that the charge of escape listed in the information filed against Appellant should be graded as a misdemeanor of the second degree for sentencing purposes, should a conspiracy to escape charge arising out of the same incident also be graded as a misdemeanor of the second degree.

Thus, on appeal, Appellant challenges the legality of his sentences on the charges of escape and criminal conspiracy to escape.

In the instant case, Appellant was convicted of escape and conspiracy to escape in a non-jury trial. The trial court graded both offenses as felonies of the third degree and sentenced Appellant ...


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