COM. v. BYRON


319 Pa.Super. 1 (1983)

465 A.2d 1023

COMMONWEALTH of Pennsylvania v. Joyce BYRON, a/k/a Byron Joyce, Appellant.

Supreme Court of Pennsylvania.

Filed September 2, 1983.

Petition for Allowance of Appeal Denied February 7, 1984.


Attorney(s) appearing for the Case

Mitchell A. Kaufman, Assistant Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Before CERONE, President Judge, and SPAETH and HESTER, JJ.


SPAETH, Judge:

This is an appeal from judgments of sentence for burglary and indecent assault. Appellant was convicted of forcibly entering the home of the victim, a 60 year old woman, and assaulting her. The trial court sentenced appellant to 1 1/2 to 5 years imprisonment for burglary, and 2 years probation for assault, the sentences to be served consecutively. We agree with appellant's argument that he should not have been sentenced for both offenses. We therefore...

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