COMMONWEALTH v. ROONEY


233 Pa.Super. 225 (1975)

Commonwealth v. Rooney, Appellant.

Superior Court of Pennsylvania.

March 31, 1975.


Attorney(s) appearing for the Case

John S. Thome, Jr., Assistant Public Defender, for appellant.

Peter F. Schenck, Assistant District Attorney, with him Stephen B. Harris, First Assistant District Attorney, and Kenneth G. Biehn, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, and SPAETH, JJ. (VAN DER VOORT, J., absent).


OPINION BY HOFFMAN, J., March 31, 1975:

Appellant raises two claims: first, that his prison sentence after a payment of monies to the county and a period of probation was illegal; second, that his failure to pay restitution was not willful and, therefore, not a violation of probation.

On April 30, 1971, appellant pleaded guilty to three separate charges of fraudulent conversion.1 The judge imposed costs of prosecution, payment...

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