Commonwealth v. Payne

¶ 1 In this appeal we must decide whether Appellee’s sentence is illegal under Commonwealth v. Holz, 483 Pa. 405, 397 A.2d 407 (1979), where the sentencing court imposed a life sentence on a homicide conviction followed by a two-to-four year sentence on a robbery plea, although Appellee had been charged with the robbery before he was charged with the homicide. We hold the sentencing court lacked jurisdiction to modify its sentence of life followed by two-to-four years, because that sentence as it stood was not illegal. Accordingly, we reverse the trial court’s order and remand the case to…