Criminal Law — Sentence — Probation — Sentence after revocation of probation 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 eight to twenty years, after he has violated a three-year term of probation, originally imposed in lieu of sentencing.
Argued June 16, 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 eight to twenty years, after appellant has violated a three-year term of probation, 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 order of the lower court is affirmed.