Commonwealth v. Colding

I dissent. The appellant in this case was originally sentenced to imprisonment for a term of “time in to four years.” The appellant’s “time in” was two months and seven days. Thus, the sentence imposed was, in effect, two months and seven days to four years. Three days after imposing the above sentence the trial judge “vacated” the sentence and placed appellant on four years probation. When appellant violated his probation, he was resentenced to one and a half to three years imprisonment.

The majority concedes, in endorsing Commonwealth v. Cole, 222 Pa.Super. 229, 294 A.2d 824 (1972), that…