Commonwealth v. Swab
Commonwealth v. Swab
Opinion of the Court
The six Judges who decided this appeal being equally divided, the judgment of sentence is affirmed.
OPINION IN SUPPORT OF AFFIRMANCE
Appellant Kenneth B. Swab was indicted on September 4, 1975, at No. 27 of 1975 for burglary, and at No. 28 of 1975 for assault and escape. On September 15, 1975, appellant pleaded guilty to the charges. Appellant appeared for sentencing on October 22, 1975, and was sentenced to a term of two to four years imprisonment on Indictment No. 27, and to a consecutive term of two to four years on Indictment No. 28. Appellant was also sentenced to make restitution to the victim of the assault. Direct appeal was taken to our Court from the judgment of sentence, with appellant arguing that his sentences were illegal. Appellant’s arguments are without merit.
Appellant first argues that the two crimes, assault and escape, charged in Indictment No. 28 are misdemeanors of the second degree, each punishable by maximum terms of two years imprisonment, and that the lower court impermissibly imposed a lumped sentence of two to four years on that indictment. Under § 5121 of the Crimes Code, the offense of escape is a felony of the third degree if the actor has employed force to effect the escape. It is clear from the record in this case that appellant assaulted a prison guard in
Appellant next argues that his sentences are illegal and must be vacated because the sentences do not appear on the indictment sheets and because the sentencing judge did not sign the indictment sheets. There are no such requirements as these in the law; cases cited by appellant are inappropriate. The official record of this case contains the sentences in writing, signed by the sentencing judge, along with certified copies of the docket sentence entries. That is all that is required. See Commonwealth ex rel. Powers v. Smith, 138 Pa. Super. 161, 10 A.2d 794 (1939).
The judgment of sentence should be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.