Opinion
September 17, 1974.
March 31, 1975.
Criminal Law — Practice — Sentence — Commonwealth v. Tomlin, 232 Pa. Super. 147 (1975), Held controlling.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 1030, Oct. T., 1974, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1972, No. 1566, in case of Commonwealth of Pennsylvania v. Thomas X. Bell. Judgment of sentence reversed and case remanded.
Proceedings upon application to revoke probation. Before MIRARCHI, JR., J.
Order entered revoking probation and sentence of confinement imposed. Defendant appealed.
William L. Bowe and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.
John H. Isom, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
The imposition of sentence of one to ten years imprisonment is hereby reversed and the case is remanded for resentencing in accordance with the holding in Commonwealth v. Tomlin, 232 Pa. Super. 147, 336 A.2d 407 (1975).
SPAETH, J., joins in this Opinion, and in addition, would rely on his Concurring Opinion in Commonwealth v. Tomlin, supra.
VAN der VOORT, J., dissents on the same rationale as set forth in his Dissenting Opinion in Commonwealth v. Tomlin, supra.