874 A.2d 1150

COMMONWEALTH of Pennsylvania, Petitioner v. Floyd COLEMAN, Respondent

Supreme Court of Pennsylvania, Eastern District.
May 24, 2005.

Petition No. 448 EAL 2004 for Allowance of Appeal from the Opinion and Order of the Superior Court at 854 A.2d 978 (Pa.Super. 2004) (Bender, Beck and Kelly, JJ.) No. 3373 EDA 2002 vacating the Judgment of Sentence of the Court of Common Pleas of Philadelphia County (Brinkley, J.) at No. 0107-1401.

ORDER
PER CURIAM.

And now, this 24th day of May, 2005, the Petition for Allowance of Appeal is GRANTED IN PART, and the portion of the order of the Superior Court reimposing respondent’s original sentence is hereby VACATED
pursuant to Commonwealth v. Ward, 524 Pa. 48, 568 A.2d 1242, 1244 (1990) (vacating and remanding for resentencing where Superior Court attempted to superimpose its judgment on trial court by directing sentence to be imposed; appellate court has no power to impose sentence, which is power to be exercised exclusively by trial court). The matter is REMANDED to the trial court for resentencing.

Page 47

jdjungle

Share
Published by
jdjungle

Recent Posts

COMMONWEALTH v. ALEXANDER, 243 A.3d 177 (2020)

243 A.3d 177 (2020) COMMONWEALTH of Pennsylvania, Appellee v. Keith ALEXANDER, Appellant. No. 30 EAP…

8 months ago

BODAN v. FICKETT, 24 Pa. D. & C. 3d 115 (1982)

24 Pa. D. & C. 3d 115 (1982) Bodan v. Fickett No. 2726 Civil 1981.Common…

2 years ago

IRWIN v. BANK OF THE UNITED STATES, 1 Pa. 349 (1845)

Irwin v. Bank of the United States, 1 Pa. 349 (1845) Sept. 1845 · Supreme Court of…

5 years ago

DURST v. MILROY GENERAL CONTRACTING, INC., 52 A.3d 357 (2012)

52 A.3d 357 (2012) Maureen DURST and Scott Durst, Appellants v. MILROY GENERAL CONTRACTING, INC.…

7 years ago

COMMONWEALTH v. SISTRUNK, 460 Pa. 655 (1975)

334 A.2d 280 COMMONWEALTH of Pennsylvania v. Edward SISTRUNK a/k/a Edward Brooks, Appellant. COMMONWEALTH of…

9 years ago

McINTYRE ET AL. v. POPE ET AL., 326 Pa. 172 (1937)

191 A. 607 McIntyre et al., Appellants, v. Pope et al.Supreme Court of Pennsylvania.March 25,…

9 years ago