Commonwealth v. Jackson

Appellant contends that the lower court erred when it: (1) did not dismiss the criminal charges against him, based upon a violation of Pa.R.Crim.P. 1100; (2) did not arrest judgment on the charge of possession of a screwdriver as an instrument of crime, due to insufficient evidence, and (3) convicted and sentenced him for two inchoate crimes, in violation of 18 Pa.C.S.A. § 906. Because we agree that the lower court illegally sentenced appellant, we vacate the judgments of sentence and remand for resentencing.

On September 9, 1975, Philadelphia police arrested appellant and filed a written…