Commonwealth v. Burnside

Full title: Commonwealth v. Burnside, Appellant

Court: Superior Court of Pennsylvania

Date published: Feb 2, 1976

357 A.2d 175 (Pa. Super. Ct. 1976)

357 A.2d 175

Opinion

November 20, 1975.

February 2, 1976.

Criminal Law — Practice — Sentencing — Act of June 19, 1911, P.L. 1055 — Minimum and maximum sentence.

The Act of June 19, 1911, P.L. 1055, requires that a sentence specify both a minimum and maximum sentence.

Argued November 20, 1975.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.

Appeal, No. 574, April T., 1975, from judgment of sentence of Court of Common Pleas of Mercer County, Feb. T., 1975, No. 16, in case of Commonwealth of Pennsylvania v. Edward J. Burnside. Judgment of sentence affirmed and case remanded for resentencing.

Indictment charging defendant with receiving stolen property. Before ACKER, J.

Plea of guilty entered and judgment of sentence entered thereon. Defendant appealed.

Michael J. Wherry, Public Defender, for appellant. Robert F. Banks, First Assistant District Attorney, with him Joseph J. Nelson, District Attorney, for Commonwealth, appellee.

OPINION BY WATKINS, P.J., February 2, 1976:

The judgment of sentence is affirmed and the case is remanded for resentencing. At the resentencing, appellant is to receive a sentence which specifies both a minimum and a maximum as required by the Act of June 19, 1911, P.L. 1055, § 6, 19 P. S. § 1057.