Legal Opinion · Concurrence

Commonwealth v. Infante

Supreme Court of Pennsylvania

Decided December 29, 2005No. 48 EAP 2004Published

1ConcurrenceJustice Saylor

I join the majority opinion, subject only to a reservation concerning the passage suggesting that the sentencing court could have revoked Appellee’s probation and imposed a maximum sentence based on the mere fact of Appellee’s having been arrested and charged with new crimes. See Majority Opinion, at 423-25, 888 A.2d at 793. In this regard, I tend toward the view that the fact of an arrest and new charges should not be deemed sufficient in and of itself to support revocation. Accord Commonwealth v. Sims, 770 A.2d 346, 352 (Pa.Super.2001); see generally Johnson v. State, 62 Md.App. 548, 490…

2Cases cited3 opinions

  1. Commonwealth v. SimsSuperior Court of Pennsylvania · 2001
  2. Wright v. StateCourt of Criminal Appeals of Texas · 1982
  3. Johnson v. StateCourt of Special Appeals of Maryland · 1985

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