Commonwealth v. Spruill

OPINION

Chief Justice CASTILLE 1

This appeal by the Commonwealth presents an issue concerning the proper scope of the “illegal sentence” doctrine, which allows for review of otherwise defaulted claims. The Superior Court held that the claim at issue, which concerned the propriety of appellee’s conviction for the offense of aggravated assault, implicated the legality of appellee’s sentence; found that the claim was meritorious; vacated appellee’s aggravated assault conviction; and then directed that the principle of double jeopardy precluded appellee from being recharged in connection with the…