56 A.2d 313 | Pa. Super. Ct. | 1948
A similar petition by this relator was dismissed May 19, 1945, as being premature. The present petition is timely, since, if relator's contentions are sustained, he will have completed his minimum time of imprisonment on October 12, 1947.
In February, 1942, relator pleaded guilty to six separate bills of indictment in the Court of Oyer and Terminer of Allegheny County (No. 107, January Term, 1942, and Nos. 16, 17, 38, 39, and 40, February Term, *19 1942) each charging burglary and receiving stolen goods. Within the term, on February 5 and 19, 1942, the court imposed sentence upon each bill.
On February 26, 1942, within the same term, the sentences were revoked and vacated. After the term had expired, or on May 21, 1942, the court entered upon each bill an order suspending sentence. On October 19, 1943, relator pleaded guilty to another bill of indictment (No. 69, October Term, 1943) charging burglary and receiving stolen goods.
The court, on October 20, 1943, revoked the several orders suspending sentence. Thereupon, relator was sentenced upon bill No. 16, February Term, 1942, to imprisonment for not less than three nor more than six years in the Western State Penitentiary, effective as of October 12, 1943; upon bill No. 17, February Term, 1942, to imprisonment for a similar term to begin to be served at expiration of sentence upon bill No. 16; upon bill No. 107, January Term, 1942, to imprisonment for not less than four years nor more than eight years to begin to be served at the expiration of sentence upon bill No. 17; upon bills Nos. 38, 39, and 40, February Term, 1942, to imprisonment for not less than three years nor more than six years upon each bill, the same to run concurrently with sentence on bill No. 16; and upon bill No. 69, October Term, 1943, to imprisonment for not less than four years nor more than eight years in the Western State Penitentiary, the same to run concurrently with sentences on bills Nos. 16 and 17.
In his petition for writ of habeas corpus, relator averred that the sentences on bills No. 107, January Term, 1942, and Nos. 16, 17, 38, 39, and 40, February Term, 1942, were null and void.
We are of the opinion that the orders of the court revoking and vacating the original sentences having been made within the term were valid. Com. ex. rel. v. Murphy (No. 1),
It is true that our courts, upon a conviction in a criminal case, may remand the defendant for sentence either within the term at which the conviction was had, or at a later term. Com. v.Dunleavy,
In a case where no sentence has been imposed during the term, an order of the court specifically remanding for sentence, or specifically suspending sentence to a later term, is not absolutely necessary. If, through inadvertence or oversight on the part of the court, sentence is not pronounced during the term at which the case is tried, the court may impose sentence at a subsequent term. 15 Am. Jur., Criminal Law, § 487, p. 141; 3 A.L.R. 1003; 97 A.L.R. 802. This practice prevails in the criminal courts of this state.
It is well settled that, where a sentence is imposed during the term, the court is without power to alter the sentence, either by increasing or reducing the punishment imposed, after the expiration of the term at which the defendant was convicted. Com.v. Downer,
But, where no sentence has been imposed during the term, we are not concerned with the rule forbidding alteration of the sentence after the term. In Com. v. Carelli et al., supra,
So, where an invalid or void sentence has been imposed, the defendant has never been legally sentenced, and proper sentence may be imposed at a later term. Com. ex rel. Paige v. Smith,
In the present case, the sentences were revoked and vacated within the term; the court had power to so act and impose more severe sentences at a later term. Com. ex rel. Billman v. Smith,
Under the circumstances, the sentences of which relator complains were valid.
Writ is refused.
