COM. v. FERRIER


326 Pa.Super. 331 (1984)

473 A.2d 1375

COMMONWEALTH of Pennsylvania v. Byron Bruce FERRIER, Appellant.

Supreme Court of Pennsylvania.

Filed March 9, 1984.


Attorney(s) appearing for the Case

Robert W. Lambert, Indiana, for appellant.

Gregory Allen Olson, District Attorney, Indiana, for Commonwealth, appellee.

Before ROWLEY, WIEAND and HESTER, JJ.


WIEAND, Judge:

Where a sentence of imprisonment is suspended indefinitely and it is clear that the sentencing court did not intend to place the defendant on probation, may the court subsequently "vacate" its earlier order, revoke the suspended sentence, and reimpose a sentence of imprisonment? We hold that it cannot. Therefore, we reverse the judgments of sentence which required appellant to serve terms of imprisonment.

On June 28, 1981, Bryon Bruce Ferrier...

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