Commonwealth v. Kelly

OPINION BY

LAZARUS, J.:

James Franklin Kelly appeals from his judgment of sentence entered on January 10, 2011, after he was found to be in violation of his two probations. After careful review, we vacate and remand for resentencing.

On January 11, 2010, Kelly pled guilty to one count each of theft1 and possession of *640drug paraphernalia.2 He was sentenced to two concurrent one-year terms of probation, plus fines and costs.

On December 22, 2010, Kelly appeared before the court on various probation violations. He did not contest the violations, but requested the court order a presen-tencing…