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Com. v. Shoemaker

Supreme Court of Pennsylvania
Nov 16, 1983
467 A.2d 819 (Pa. 1983)

Summary

In Commonwealth v. Shoemaker, 502 Pa. 573, 467 A.2d 819 (1983), the Pennsylvania Supreme Court previously upheld the legality of an indeterminate sentence imposed under the Youth Offenders Act.

Summary of this case from Com. v. Smith

Opinion

Argued October 17, 1983.

Decided November 16, 1983.

Appeal from the Superior Court, No. 2642 Philadelphia 1981, 303 Pa. Super. 242, 449 A.2d 669.

Robert J. Gillespie, Jr., Dist. Atty., Joseph C. Giebus, Asst. Dist. Atty., for appellant.

Philip T. Medico, Jr., Asst. Public Defender, for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.


OPINION OF THE COURT


This is an appeal from an order of the Superior Court, 303 Pa. Super. 242, 449 A.2d 669, vacating a judgment of sentence of the Court of Common Pleas of Luzerne County and remanding the record for resentencing. The Superior Court deemed the sentence invalid because a minimum term was not imposed pursuant to 42 Pa.C.S.A. § 9756(b).

The record establishes that appellee, who was seventeen years old at the time of sentencing, was sentenced pursuant to the "Youth Offenders Act," Act of April 28, 1887, P.L. 63, § 6, 61 P. S. § 485 (1964), which specifically prohibits the imposition of a minimum period of incarceration. As 42 Pa.C.S.A. § 9756(b) thus did not apply to the sentencing proceeding in this case, the order of the Superior Court must be vacated.

Order of the Superior Court vacated and record remanded to that court for proceedings consistent with this opinion.


Summaries of

Com. v. Shoemaker

Supreme Court of Pennsylvania
Nov 16, 1983
467 A.2d 819 (Pa. 1983)

In Commonwealth v. Shoemaker, 502 Pa. 573, 467 A.2d 819 (1983), the Pennsylvania Supreme Court previously upheld the legality of an indeterminate sentence imposed under the Youth Offenders Act.

Summary of this case from Com. v. Smith

In Shoemaker, the defendant based his challenge to the Youth Offenders Act on section 9756(b) of the Sentencing Code rather than on the guidelines.

Summary of this case from Com. v. Smith
Case details for

Com. v. Shoemaker

Case Details

Full title:COMMONWEALTH of Pennsylvania, Appellant v. Paul SHOEMAKER

Court:Supreme Court of Pennsylvania

Date published: Nov 16, 1983

Citations

467 A.2d 819 (Pa. 1983)
467 A.2d 819

Citing Cases

Com. v. Smith

Thus, appellant's argument must be viewed as an attack on the legality of his sentence which is appealable as…

Com. v. Shoemaker

PER CURIAM: The case at bar has been remanded to this Court for proceedings consistent with the Pennsylvania…