COM. v. INFANTE


888 A.2d 783 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. Jose INFANTE, Appellee.

Supreme Court of Pennsylvania.

Decided December 29, 2005.


Attorney(s) appearing for the Case

Hugh J. Burns, Philadelphia, Peter Carr, Jason E. Fetterman, for the Com. of PA., appellant.

Karl Baker, Peter Rosalsky, Philadelphia, for Jose Infante, appellee.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION

Justice CASTILLE.

The instant matter is an appeal by the Commonwealth from an order of the Superior Court vacating appellee's judgment of sentence. The sole issue before this Court is whether the sentencing court had the authority to revoke appellee's probation and impose a prison sentence on the basis of a conviction that occurred subsequent to the imposition of probation, where, at the time probation was imposed, the criminal conduct underlying...

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