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COM. v. PAYNE

797 A.2d 1000 (2002)

COMMONWEALTH of Pennsylvania, Appellant, v. John Marshall PAYNE, III, Appellee.

Superior Court of Pennsylvania.

Filed April 24, 2002.

Attorney(s) appearing for the Case

Brian R. Sinnett, Asst. Dist. Atty., York, for Commonwealth, appellant.

Frank C. Arcuri, Public Defender, York, for appellee.

BEFORE: LALLY-GREEN, BENDER, and KELLY, JJ.

KELLY, J.

¶ 1 In this appeal we must decide whether Appellee's sentence is illegal under Commonwealth v. Holz, 483 Pa. 405, 397 A.2d 407 (1979), where the sentencing court imposed a life sentence on a homicide conviction followed by a two-to-four year sentence on a robbery plea, although Appellee had been charged with the robbery before he was charged with the homicide. We hold the sentencing...

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