Opinion
March 11, 1974.
April 3, 1974.
Criminal Law — Sentencing — Judicial function — Sentences within legal limits prescribed by legislature.
1. The fixing of the terms of a sentence is exclusively a judicial function.
2. The legislature has exclusive power to determine the penological system of the Commonwealth, and it alone can prescribe the punishments to be meted out for crime.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.
Appeals, Nos. 105 to 108, inclusive, March T., 1974, from judgment of Court of Common Pleas of York County, May T., 1973, Nos. 238, 278, 288, 304, in case of Commonwealth of Pennsylvania v. Terry Lee Stottlemyer. Judgment affirmed.
Indictments charging defendant with forgery, burglary, larceny and receiving stolen goods. Before ATKINS, P.J.
Pleas of guilty entered and judgment of sentence entered thereon. Defendant appealed.
Glenn C. Vaughn, Assistant Public Defender, for appellant.
David Schaumann, Assistant District Attorney, and Donald L. Reihart, District Attorney, for Commonwealth, appellee.
Submitted March 11, 1974.
This is an appeal from the sentences imposed by the Court of Common Pleas, Criminal Division, of York County, after the entry of pleas of guilty by the defendant to three counts of forgery; and to burglary, larceny and receiving stolen goods. He was sentenced on his pleas to burglary, larceny and receiving stolen goods to undergo imprisonment for not less than two (2) years nor more than five (5) years.
On the three forgery counts, the court sentenced him to imprisonment of not less than two (2) years nor more than five (5) years. The three sentences to run concurrently with each other and to begin upon the expiration of the sentences on the other charges.
The legislature has exclusive power to determine the penological system of the Commonwealth, and it alone can prescribe the punishments to be meted out for crime. Commonwealth ex rel. Banks v. Cain, 345 Pa. 581, 28 A.2d 897 (1942); Commonwealth ex rel. Brogan v. Banmiller, 184 Pa. Super. 552, 136 A.2d 141 (1957).
The fixing of the terms of a sentence is exclusively a judicial function. The sentences imposed were within the limits prescribed by the legislature for the crimes involved and legal sentences.
Judgment affirmed.