Commonwealth v. Byron

SPAETH, Judge:

This is an appeal from judgments of sentence for burglary and indecent assault. Appellant was convicted of forcibly entering the home of the victim, a 60 year old woman, and assaulting her. The trial court sentenced appellant to IV2 to 5 years imprisonment for burglary, and 2 years probation for assault, the sentences to be served consecutively. We agree with appellant’s argument that he should not have been sentenced for both offenses. We therefore vacate the judgment of sentence for indecent assault as the lesser of the two sentences. Appellant makes other arguments, but these…