COM. v. DRAWBAUGH


335 Pa.Super. 120 (1984)

483 A.2d 985

COMMONWEALTH of Pennsylvania v. Randy Lynn DRAWBAUGH, Appellant.

Supreme Court of Pennsylvania.

Filed November 2, 1984.


Attorney(s) appearing for the Case

Daniel F. Wolfson, York, for appellant.

Sheryl Ann Dorney, First Assistant District Attorney, York, for Commonwealth, appellee.

Before WICKERSHAM, JOHNSON and WATKINS, JJ.


WATKINS, Judge:

This is an appeal from a judgment of sentence by the Court of Common Pleas of York County, Criminal Division, dated April 4, 1983. Appellant was sentenced to 3 1/2 (three and one-half) to 7 (seven) years imprisonment at a state correctional institution in connection with an escape charge.

The primary issue for our consideration is whether the escape count was properly graded a felony of the third degree instead of a misdemeanor of the second...

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