COMMONWEALTH v. HOSENDORF


214 Pa.Super. 525 (1969)

Commonwealth v. Hosendorf, Appellant.

Superior Court of Pennsylvania.

June 12, 1969.


Attorney(s) appearing for the Case

John F.X. Fenerty, and Bartolomeo, Baratta & Fenerty, for appellant.

James D. Crawford, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.


OPINION PER CURIAM, June 12, 1969:

Order affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

This case is a proceeding under the Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, § 1 et seq., 19 P.S. 1180-1 through 1180-14. Appellant maintains that he is improperly imprisoned because the maximum sentence imposed by the trial judge has already expired.

At the conclusion of his trial the court stated:

"Well, this is...

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