Public-domain · open source
OpenJurist

227 Pa. Super. 403

Commonwealth v. Stottlemyer

Superior Court of Pennsylvania

Decided April 3, 1974

Superior Court of Pennsylvania · decided 1974-04-03

Cited by 2 later decisions — most recently September 1976

2 state decisions

Relies on Commonwealth Ex Rel. Banks v. Cain

Good law ✅— No negative treatment on recordhow we know

Decided 1974-04-03

View the full empirical analysis of this case →

¶1Opinion by

Watkins, P. J.,

¶2This is an appeal from the sentences imposed by the Court of Common Pleas, Criminal Division, of York County, after the entry of pleas of guilty by the defendant to three counts of forgery; and to burglary, larceny and receiving stolen goods. He was sentenced on his pleas to burglary, larceny and receiving stolen goods to undergo imprisonment for not less than two (2) years nor more than five (5) years.

¶3On the three forgery counts, the court sentenced him to imprisonment of not less than two (2) years nor more than five (5) years. The three sentences to run concurrently with each other and to begin upon the expiration of the sentences on the other charges.

¶4The legislature has exclusive power to determine the penological system of the Commonwealth, and it alone can prescribe the punishments to be meted out for crime. Commonwealth ex rel. Banks v. Cain, 345 Pa. 581, 28 A. 2d 897 (1942); Commonwealth ex rel. Brogan v. Banmiller, 184 Pa. Superior Ct. 552, 136 A. 2d 141 (1957).

¶5The fixing of the terms of a sentence is exclusively a judicial function. The sentences imposed were within the limits prescribed by the legislature for the crimes involved and legal sentences.

¶6Judgment affirmed.

/227/pasuper/403 · .json · Public domain