Public-domain · open source
OpenJurist

297 Pa. Super. 319

Commonwealth v. Wertz

Superior Court of Pennsylvania

Decided March 26, 1982

Superior Court of Pennsylvania · decided 1982-03-26

Cited by 2 later decisions — most recently September 1988

2 state decisions

Relies on Tate v. Short

Good law ✅— No negative treatment on recordhow we know

Decided 1982-03-26

View the full empirical analysis of this case →

PER CURIAM:

¶1Appellant was convicted of violating 75 Pa.C.S.A. § 4902 and sentenced on October 2, 1980 to pay a fine of $7,650.00, the costs of prosecution and upon default of payment, a prison sentence of 765 days. Judgment of sentence, including the alternative sentence, is vacated and the case remanded for resentencing in light of 75 Pa.C.S.A. § 6504(a), 42 Pa.C.S.A. § 9758(b) and Pa.R.Crim.P. 1405. The lower court shall consider any evidence presented regarding Appellant’s indigency in determining whether Appellant should be permitted to pay the fine and costs in installments. The lower court shall also consider any alternative sentence imposed in light of Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971).

¶2This court does not retain jurisdiction.

SHERTZ, J., did not participate in the consideration or review of this case.
/297/pasuper/319 · .json · Public domain