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Com. v. Plank

Supreme Court of Pennsylvania
May 21, 1982
498 Pa. 144 (Pa. 1982)

Opinion

Submitted April 20, 1982.

Decided May 21, 1982.

Appeal from the Court of Common Pleas of Lancaster County, Criminal, No. 623 of 1979, Paul A. Mueller, Jr., J. and where trial court complied with all other sentencing requirements, there was no abuse of discretion in imposition of sentences.

Michael J. Perezous, Lancaster, for appellant.

Edward F. Browne, Jr., Asst. Dist. Atty., for appellee.

Before O'BRIEN, C. J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.


OPINION


On September 18, 1979, a jury convicted appellant, Richard Plank, of voluntary manslaughter and criminal trespass. Appellant was sentenced to consecutive prison terms of four and one half to ten years for voluntary manslaughter and six months to eight years for criminal trespass. Appellant filed a motion to modify the judgments of sentence that was denied by the trial court. This direct appeal followed.

Appellant contends that the judgments of sentence imposed on him by the trial court were excessive.

The imposition of a sentence is vested in the discretion of the trial court, and will not be disturbed absent a manifest abuse of that discretion. Commonwealth v. Martin, 466 Pa. 118, 351 A.2d 650 (1976).

Appellant's sentences did not exceed the statutory limits and the trial court complied with all of the other sentencing requirements set forth by the Court in Commonwealth v. Edrington, 490 Pa. 251, 416 A.2d 455 (1980). There was no abuse of discretion. Thus, appellant's contention that the judgments of sentence were excessive is without merit.

The judgments of sentence is affirmed.


Summaries of

Com. v. Plank

Supreme Court of Pennsylvania
May 21, 1982
498 Pa. 144 (Pa. 1982)
Case details for

Com. v. Plank

Case Details

Full title:COMMONWEALTH of Pennsylvania, Appellee, v. Richard Marshall PLANK…

Court:Supreme Court of Pennsylvania

Date published: May 21, 1982

Citations

498 Pa. 144 (Pa. 1982)
445 A.2d 491

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