Commonwealth v. Drawbaugh

WATKINS, Judge:

This is an appeal from a judgment of sentence by the Court of Common Pleas of York County, Criminal Division, dated April 4, 1983. Appellant was sentenced to 3V2 (three and one-half) to 7 (seven) years imprisonment at a state correctional institution in connection with an escape charge.

The primary issue for our consideration is whether the escape count was properly graded a felony of the third degree instead of a misdemeanor of the second degree. We hold that the offense was improperly graded.

Appellant was arrested July 28, 1982 on several summary warrants and a bail process…