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COM. v. ROYSTER

524 Pa. 333 (1990)

572 A.2d 683

COMMONWEALTH of Pennsylvania, Appellee, v. Melvin ROYSTER, Appellant.

Supreme Court of Pennsylvania.

Decided March 14, 1990.

Dissenting Opinion April 12, 1990.

Attorney(s) appearing for the Case

Brian R. Williams, Philadelphia, for appellant.

Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Chief, Appeals Div., Philadelphia, Helen Kane, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION

ZAPPALA, Justice.

This appeal raises two questions. The first is whether it is constitutional for Appellant to have his probation revoked and be sentenced to a term of imprisonment based on new charges that were ultimately dismissed. The second question is whether it is constitutional for a court to sentence Appellant to a term of imprisonment for a probation violation when the term of probation had expired. Both the Post Conviction Hearing Act ...

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