Commonwealth v. Davy

Opinion by

Hoffman, J.,

On August 13, 1969 appellant pled guilty to 27 counts of delivering checks with intent to defraud. Sentence was suspended, and he was placed on probation for a period of two years. On April 13, 1970 appellant was ordered recommitted for violation of probation, and on May 4, 1970 he was resentenced to two consecutive terms of one to two years.

Subsequently appellant filed a Post Conviction Hearing Act petition alleging, inter alia, that his re-sentencing violated the constitutional prohibition against double jeopardy. From denial of that petition, this appeal followed.

In…