Commonwealth v. Infante

OPINION

Justice CASTILLE.

The instant matter is an appeal by the Commonwealth from an order of the Superior Court vacating appellee’s judgment of sentence. The sole issue before this Court is whether the sentencing court had the authority to revoke appellee’s probation and impose a prison sentence on the basis of a conviction that occurred subsequent to the imposition of probation, where, at the time probation was imposed, the criminal conduct underlying that conviction was known to the court but the court deferred consideration of the crime pending the outcome of the trial. For the following…