Com. ex rel. Fletcher v. Maroney
| Decision Date | 16 June 1967 |
| Citation | 232 A.2d 206,210 Pa.Super. 96 |
| Parties | COMMONWEALTH of Pennsylvania ex rel. James Morris FLETCHER, Appellant, v. James F. MARONEY, Warden, State Correctional Institution, Pettsburgh, Pennsylvania. |
| Court | Pennsylvania Superior Court |
James M. Fletcher, appellant, in pro per.
W. Bertram Waychoff, Dist. Atty., for appellee.
This is an appeal from the dismissal, without hearing, of a petition for post-conviction relief.
Petitioner pleaded guilty, with court appointed counsel, to prison breach, for which he was sentenced to a state correctional institution for a term of 4 1/2 to 9 years. He also received two consecutive sentences to a state institution for receiving stolen goods, together with one concurrent sentence to a state institution on another receiving stolen goods charge.
Appellant contends that he could not be sentenced to a state correctional institution (through the Western Correctional, Diagnostic and Classification Center at Pittsburgh) on conviction of the crime of receiving stolen goods. He argues that such sentences must be to the county prison, citing Commonwealth ex rel. Radziewicz v. Burke, 169 Pa.Super. 263, 82 A.2d 252 (1951), and § 817 of the Act of June 24, 1939, P.L. 872, 18 P.S. § 4817.
However, the sentences on the receiving stolen goods convictions were valid, under § 4 of the Act of December 27, 1965, P.L. (No. 502) 61 P.S. (Supp.) § 460.4 providing '* * * (1) (A)ll persons sentenced to maximum terms of five or more years shall be committed to the Bureau of Corrections for confinement in a State correctional facility; and (2) all persons sentenced to a maximum of six months or more but not less than five years may be committed to the Bureau of Correction for confinement in a State correctional facility or may be committed to a county jail approved by the Bureau of Correction.'
We have examined petitioner's remaining contentions and conclude that they are without merit.
Order affirmed.
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United States v. Walters, 74-2101.
...The Court of Common Pleas of Greene County denied relief, and the denial was affirmed. Commonwealth of Pennsylvania ex rel. Fletcher v. Maroney, 210 Pa.Super. 96, 232 A.2d 206 (1967). The Pennsylvania Supreme Court denied allocatur, whereupon Fletcher filed the instant In his petition for h......
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United States v. Maroney
...in forma pauperis a petition for habeas corpus. It appears that his state remedies have been exhausted. Commonwealth ex rel. Fletcher v. Maroney, 210 Pa.Super. 96, 232 A.2d 206 (1967). A rule to show cause was issued. At the hearing, the District Attorney of Greene County produced the recor......
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United States ex rel. Fletcher v. Brierley, 71-1316.
...Fletcher appealed to the Superior Court of Pennsylvania, which affirmed the trial court's decision. Commonwealth ex rel. Fletcher v. Maroney, 210 Pa.Super. 96, 232 A.2d 206 (1967). The Pennsylvania Supreme Court denied his application for In his habeas petition, Fletcher raised two constitu......
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United States ex rel. Fletcher v. Maroney
...a month of the sentencing. The court denied relief and was affirmed by the state Superior Court in Commonwealth ex rel. Fletcher v. Maroney, 210 Pa.Super. 96, 232 A.2d 206, 207 (1967). Following denial of an application for allocatur to the Pennsylvania Supreme Court on November 6, 1967, a ......