Commonwealth v. MacKay

Supreme Court of Pennsylvania

Commonwealth v. MacKay

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

CourtSupreme Court of Pennsylvania

DecidedSeptember 15, 1972

DocketAppeal, No. 271

StatusPublished

Cited by2 cases

This text of 294 A.2d 767 (Commonwealth v. MacKay) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

294 A.2d 767, 222 Pa. Super. 234, 1972 Pa. Super. LEXIS 1266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mackay-pa-1972.

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