Commonwealth v. Gaito

LIPEZ, Judge:

This is an appeal from a judgment of sentence imposed on September 6, 1978, in a resentencing proceeding conducted because appellant was denied his right to counsel at his original sentencing in 1959. Appellant had been convicted by a jury in 1959 of burglary, assault with intent to kill, and violation of the Firearms Act. After the jury trial, post-verdict motions were filed and denied by the trial judge. A ten to twenty year sentence was imposed for burglary, with a consecutive three-and-a-half to seven year sentence for assault with intent to kill. Sentence was suspended for…