Commonwealth v. Von Aczel

POPOVICH, Judge:

After a non-jury trial held on February 27, 1979, the appellant was found guilty of attempted burglary and possession of an instrument of crime. On the same day, sentence, which consisted of three (3) years probation for the former offense and a concurrent two (2) years probation for the latter, was imposed. On appeal, appellant questions (1) the sufficiency of the evidence, (2) trial counsel’s effectiveness, and (3) the legality of the sentence. We affirm in part; and, because we agree that the sentence imposed was illegal, we vacate judgment as to the possession charge.

Before…