Commonwealth v. Moore

Opinion by

Cercone, J.,

These represent two appeals in two separate and unrelated cases which have been consolidated for purposes of appeal because each involve the identical issue. That issue is whether or not the Common Pleas Court in a trial de novo following an appeal as of right from a Municipal Court summary conviction can impose a sentence greater than that originally imposed in the Municipal Court without placing upon the record facts justifying such increase in sentence.

Defendants contend that the United States Supreme Court decision in North Carolina v. Pearce, 395 U.S. 711, 726, 89…