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COMMONWEALTH PENNSYLVANIA v. FRANK PASTORKOVIC (12/21/89)

filed: December 21, 1989.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
FRANK PASTORKOVIC, APPELLANT



Appeal from the Order of the Court of Common Pleas of Allegheny County, Criminal at No. 8509562.

COUNSEL

Jon S. Pushinsky, Pittsburgh, for appellant.

Matthew Witherel, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

McEwen, Popovich and Montgomery, JJ.

Author: Popovich

[ 390 Pa. Super. Page 3]

This case involves an appeal from the January 11, 1989, order of the Court of Common Pleas of Allegheny County denying the Motion For a Writ of Habeas Corpus/Reconsideration of Commitment Order filed by the appellant, Frank Pastorkovic. We affirm.

The facts, which appear of record, indicate that on July 8, 1986, the then seventy-seven-year-old appellant pleaded guilty to two counts of driving while under the influence of alcohol (75 Pa.C.S. § 3731(a)(1) & (4)) and driving while his operating privilege was suspended or revoked. Id. at § 1543(a) & (b).

On August 15, 1986, the court directed that the appellant "undergo imprisonment of one year in the Allegheny County Jail . . . [and, a]t the conclusion of that one year, [he] w[as to] be placed on one year's probation . . . ." On the summary offense, a determination of guilty without further penalty was entered. The court also informed the appellant that the warden of the Allegheny County Jail was being instructed to transport him to a Pittsburgh area hospital for medical evaluation to enable the court "to be able to have a better understanding as to the possibility for undergoing incarceration at the [Allegheny] County Jail."

A motion for reconsideration of sentence was filed and denied. An appeal to this Court (at No. 01192 Pittsburgh 1986) resulted in the appeal being quashed.*fn1 Petition for allowance of appeal (at No. 88 W.D.Alloc.Dkt.1988) to the

[ 390 Pa. Super. Page 4]

Pennsylvania Supreme Court was denied by order dated October 20, 1988. 520 Pa. 587, 551 A.2d 214.

On June 3, 1989, counsel for the appellant filed the motion in question, wherein it was alleged in pertinent part that:

5. The written judgment of sentence entered by the court confirms that the sentence imposed was a one year term of incarceration (A copy of the August 15, 1988 [sic] judgment of ...


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