Commonwealth v. MacKay

Supreme Court of Pennsylvania

Commonwealth v. MacKay

294 A.2d 767, 222 Pa. Super. 234, 1972 Pa. Super. LEXIS 1266

Supreme Court of Pennsylvania·Decided September 15, 1972·No. Appeal, No. 271·Published·Cited by 2 cases

Opinion

Opinion by

Hoffman, J.,

This case presents the issue of whether a trial judge subjects an appellant to double jeopardy when he sentences appellant to a prison term of not less than one nor more than five years, after appellant has violated a three-year term of probation and failed to pay a fine of $250, originally imposed in lieu of sentencing.

In view of Commonwealth v. Cole, 222 Pa. Superior Ct. 229, 824 A. 2d 222 (1972), we hold that appellant was not placed in double jeopardy, and therefore, the judgment of sentence is affirmed.

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Opinion by

Hoffman, J.,

This case presents the issue of whether a trial judge subjects an appellant to double jeopardy when he sentences appellant to a prison term of not less than one nor more than five years, after appellant has violated a three-year term of probation and failed to pay a fine of $250, originally imposed in lieu of sentencing.

In view of Commonwealth v. Cole, 222 Pa. Superior Ct. 229, 824 A. 2d 222 (1972), we hold that appellant was not placed in double jeopardy, and therefore, the judgment of sentence is affirmed.

Commonwealth v. MacKay, 294 A.2d 767, 222 Pa. Super. 234, 1972 Pa. Super. LEXIS 1266 (Pa. 1972).

Pincite

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Opinion

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