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COM. v. JANIS

400 Pa.Super. 280 (1990)

583 A.2d 495

COMMONWEALTH of Pennsylvania v. Michael JANIS, Appellant.

Supreme Court of Pennsylvania.

Filed December 17, 1990.

Attorney(s) appearing for the Case

Joan M. Righter, Norristown, for appellant.

Patricia E. Coonahan, Asst. Dist. Atty., Cheltenham, for Com., appellee.

Before MONTEMURO, JOHNSON and CERCONE, JJ.

JOHNSON, Judge:

Michael Janis appeals from the judgment of sentence entered upon his open plea of guilty to the charge of escape. He contends that the sentencing court improperly graded the severity of the offense as a felony of the third degree, rather than as a misdemeanor of the second degree, pursuant to 18 Pa.C.S. § 5121(d). We find that the factual circumstances in existence at the time Janis removed...

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