Commonwealth v. Thomas

I respectfully dissent from the majority’s conclusion that a violation of Pa.R.Crim.P. 1405, requires this court to vacate appellant’s judgment of sentence and discharge him from his sentence of probation.

I agree that Pa.R.Crim.P. 1405(A)(1) provides that, “sentence in a court case shall ordinarily be imposed within 60 *653days of conviction or entry of a plea of guilty or nolo contendré.” I also agree that Pa.R.Crim.P. 1410 does away with the “post-trial” motion in favor of an optional “post-sentence” motion. Significantly, neither of those rules provides for any remedy, much less the ultimate…