Commonwealth v. Garner

Alessandroni, P. J.,

Petitioner, on June 21, 1944, pleaded guilty to the charge of assault and attempted armed robbery, and was given an indeterminate sentence to Whitehill. He was discharged from parole in November 1950. Petitioner is presently incarcerated in a penal institution in the State of *290New York. New York has a “second felony offender” statute, the sentence which petitioner is serving is more than that imposed on a first offender. The Pennsylvania offense was the first felony offense of the petitioner.

This petition prays that the judgment and sentence on the prior conviction be…