Commonwealth v. Smith

KELLY, Judge:

In this appeal we are asked to determine whether appellant who was previously sentenced to serve a probationary sentence for her conviction of simple assault, with the trial court imposing no further penalty for her possession of an instru ment of crime conviction, may upon violation of her probationary sentence for her simple assault conviction be resentenced to serve four years probation for her possession of an instrument of crime conviction. We hold that the trial court violated appellant’s double jeopardy rights by resentencing her to serve a four year probationary sentence…