COM. EX REL. POWELL v. ROSENBERRY


435 Pa.Super. 337 (1994)

645 A.2d 1328

COMMONWEALTH ex rel. James R. POWELL v. Ray E. ROSENBERRY, Warden Franklin County Prison, Chambersburg, PA, Appeal of James R. POWELL.

Superior Court of Pennsylvania.

Filed July 18, 1994.


Attorney(s) appearing for the Case

David R. Breschi, Chambersburg, for appellant.

John F. Nelson, III, Dist. Atty., Chambersburg, for appellee.

Before OLSZEWSKI, JOHNSON and CERCONE, JJ.


JOHNSON, Judge:

In this appeal from the order denying a Petition for Writ of Habeas Corpus, we are asked to determine whether the trial court had jurisdiction to enter an order extending a parole period. Because more than 30 days had passed since entry of the original sentencing order, we find that the trial court lacked jurisdiction to modify the judgment of sentence. 42 Pa.C.S. § 5505. Accordingly, we reverse the trial court's order and direct that the petitioner...

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