COMMONWEALTH v. MacKAY


222 Pa.Super. 234 (1972)

Commonwealth v. MacKay, Appellant.

Superior Court of Pennsylvania.

September 15, 1972.


Attorney(s) appearing for the Case

Daniel C. Barrish, Assistant Public Defender, for appellant.

J. David Bean and Stewart J. Greenleaf, Assistant District Attorneys, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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


OPINION BY HOFFMAN, J., September 15, 1972:

This case presents the issue of whether a trial judge subjects an appellant to double jeopardy when he sentences appellant to a prison term of not less than one nor more than five years, after appellant has violated a three-year term of probation and failed to pay a fine of $250, originally imposed in lieu of sentencing.

In view of Commonwealth v. Cole, 222 Pa.Super. 229<...

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