Opinion
Submitted June 9, 1975.
October 18, 1976.
Indictment charging defendant with operating a motor vehicle while operating privileges were suspended. Before GRIFO, J. Plea of guilty entered and judgment of sentence entered. Defendant appealed. Appeal, No. 484, Oct. T., 1975, from Court of Common Pleas of Northampton County, May T., 1974, No. 223. Submitted June 9, 1975.
Theodore R. Lewis, for appellant; Allan B. Goodman, Assistant District Attorney, and Charles H. Spaziani, District Attorney, for Commonwealth, appellee.
Appellant was sentenced to nine to eighteen months' imprisonment for his fifth offense of driving while under suspension. This was in excess of the maximum allowable sentence. Act of Dec. 2, 1971, P.L. 591, No. 157, § 1, 75 Pa.C.S.A. § 601 (a) (Supp. 1976). Accordingly, the judgment of sentence is vacated, and the case is remanded for resentencing.