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277 Pa. Super. 323

419 A.2d 793

Commonwealth v. Everett

Superior Court of Pennsylvania

Decided May 16, 1980

Superior Court of Pennsylvania · decided 1980-05-16

Key passage — most relied on by later courts

“Appellant pled guilty, in 1975, to one count each of carrying a firearm without a license and altering or obliterating marks of identification thereon. He was sentenced to five years’ probation, with an alternate sentence of two and one-half to five years’ imprisonment. In 1976, following appellant’s conviction of an unrelated offense, his probation was revoked and he was sentenced to two to four years’ imprisonment. No direct appeal was taken. Appellant filed a petition under the Post-Conviction Hearing Act (PCHA), alleging the invalidity of his plea due to his lack of understanding of the alternate sentence. The court below denied the petition after a hearing.”

quoted by 1 later decision, including 2011 Pa. Super. 149 - Commonwealth v. Milhomme

Relies on Commonwealth v. Riggins · 246 Pa. Super. 602 - Commonwealth v. Usher · 254 Pa. Super. 26 - Commonwealth v. Betoni

Good law ✅— No negative treatment on recordhow we know

Decided 1980-05-16

How this case has been cited

Cited by 17 later decisions — most recently August 2021

17 state decisions

8019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*325 PER CURIAM:

¶1 Appellant pled guilty, in 1975, to one count each of carrying a firearm without a license 1 and altering or obliterating marks of identification thereon. 2 He was sentenced to five years’ probation, with an alternate sentence of two and one — half to five years’ imprisonment. In 1976, following appellant’s conviction of an unrelated offense, his probation was revoked and he was sentenced to two to four years’ imprisonment. No direct appeal was taken. Appellant filed a petition under the Post-Conviction Hearing Act (PCHA), alleging the invalidity of his plea due to his lack of understanding of the alternate sentence. The court below denied the petition after a hearing.

¶2 Alternate sentences had already been proscribed by the Sentencing Code by the time appellant was sentenced. 3 Even though appellant has failed to raise this issue, our consideration thereof is not precluded. Commonwealth v. Betoni, 254 Pa.Super. 26, 385 A.2d 506 (1978); Commonwealth v. Usher, 246 Pa.Super. 602, 371 A.2d 995 (1977). Since the original probation was illegal, the sentence of imprisonment imposed for violation of that probation was illegal, and both must be vacated. Commonwealth v. Betoni, supra.

¶3 Judgments of sentence vacated and case remanded for imposition of a lawful sentence. The order of the court below is reversed. 4

1

¶4 . 18 Pa.C.S. § 6106.

2

¶5 . 18 Pa.C.S. § 6117.

3

¶6 . 18 Pa.C.S. § 1354(d).

4

¶7 . In the interests of judicial economy, we note that, both when appellant was first sentenced and when his probation was revoked, the court below failed to place upon the record its reasons for imposing the sentences selected. Such a statement is required by Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977).

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