Criminal Law — Sentence — Probation — Sentence after revocation of parole for term of years greater than probationary period.
A defendant is not subjected to double jeopardy when he is sentenced to a prison term of not less than one year nor more than five years, after he has violated a three-year term of probation and failed to pay a fine, originally imposed in lieu of sentencing.
Submitted March 20, 1972.
OPINION BY HOFFMAN, J., September 15, 1972:
This case presents the issue of whether a trial judge subjects an appellant to double jeopardy when he sentences appellant to a prison term of not less than one nor more than five years, after appellant has violated a three-year term of probation and failed to pay a fine of $250, originally imposed in lieu of sentencing.
In view of Commonwealth v. Cole, 222 Pa. Super. 229, 824 A.2d 222 (1972), we hold that appellant was not placed in double jeopardy, and therefore, the judgment of sentence is affirmed.