Commonwealth v. Gaito
Commonwealth v. Gaito
Opinion of the Court
Opinion by
Appellant Frank Gaito was, after new trial granted by the Pennsylvania Supreme Court in 1966 (422 Pa. 171), retried and again found guilty of all three charges placed against him (burglary, assault with intent to kill, and violation of Uniform Firearms Act of 1939). The sentences which followed this retrial were identi
Appeal to this court for relief was denied (217 Pa. Superior Ct. 125), and the Pennsylvania Supreme Court denied allocatur. Thereafter defendant petitioned, the United States District Court for the Western District of Pennsylvania (71-694 Civil Action) for a writ of habeas corpus. District Court Judge Teitelbaum, after hearing, entered an order vacating the sentence for violation of the Uniform Firearms Act because the harsher sentence on the retrial of that charge had been imposed without compliance with the United States Supreme Court decision in North Carolina v. Pearce, 395 U.S. 711 (1969). Judge Teitelbaum did, however, allow the sentencing court sixty days within which to resentence the defendant pursuant to that decision. Accordingly, the trial court upon resentencing entered the following statement of record: “The Court: Well, the court is going to sentence you as I did before to serve a term of not less than one and a half years or more than three years in the custody of the Bureau of Correction. Now, so that we comply with the ruling of the Federal Court, we are doing this: Rather than suspending the sentence as Judge Clarke did, the court now is saying that due to your manner and your demeanor and your conduct prior and during the course of the trial, I think you committed an act of perjury and I think you suborned the perjury of Roosevelt Cunningham, and your general conduct during the course of the trial is the reason for the court not suspending the sentence as did Judge Clarke. So, the record now shows the reason for the different sentence.”
The trial court’s perfunctory statement of its mere conclusions clearly did not meet the requirements of the Supreme Court’s holding in North Carolina v. Pearce as quoted above.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.