Commonwealth v. Kunish

OPINION

McDERMOTT, Justice.

In this appeal we must resolve the question of whether the trial court violated the double jeopardy clause when, after sentencing the appellee to a term of two and one-half to five years of incarceration, the court recalled the appellee and resentenced him for the same criminal offense to a term of three and one-half to seven years of incarceration. The double jeopardy clause set forth in the Pennsylvania Constitution is coextensive with federal constitutional standards.1 Commonwealth v. Sojourner, 513 Pa. 36, 518 A.2d 1145 (1986).

The facts of this case are…