Commonwealth v. Smith

OPINION BY

KLEIN, J.:

¶ 1 Charles M. Smith appeals from the judgment of sentence entered in the Court of Common Pleas of Montour County. Because we find that the court below erred in grading the offense of forgery, 18 Pa. C.S.A. § 4101(a)(3), as a felony of the third degree rather than a misdemeanor of the first degree, we vacate and remand for resentencing.

¶ 2 Here Smith obtained an employment position by submitting a forged graduate school degree and a forged professional license. An offense is a felony of the third degree if the forged document directly creates or affects a legal…