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COMMONWEALTH v. MOORE

226 Pa.Super. 58 (1973)

Commonwealth v. Moore, Appellant. Commonwealth v. Battle, Appellant.

Superior Court of Pennsylvania.

November 16, 1973.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Judith B. Soken, and Jonathan Miller, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellants.

Milton M. Stein, Assistant District Attorney, with him Maxine J. Stotland and James T. Ranney, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY CERCONE, J., November 16, 1973:

These represent two appeals in two separate and unrelated cases which have been consolidated for purposes of appeal because each involve the identical issue. That issue is whether or not the Common Pleas Court in a trial de novo following an appeal as of right from a Municipal Court summary conviction can impose a sentence greater than that originally imposed in the Municipal Court without placing upon the record facts justifying...

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