Com. v. Berry
| Decision Date | 11 January 2007 |
| Docket Number | No. 592 MAL (2005).,592 MAL (2005). |
| Parties | COM. v. BERRY. |
| Court | Pennsylvania Supreme Court |
Appeal from the Superior Court Pa.Super., 877 A.2d 479.
Disposition of petition for allowance of appeal. Denied.
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Com. v. Fowler
... ... Appellant's claims merit no relief ... ¶ 13 "[A] court may entertain a challenge to the legality of the sentence so long as the court has jurisdiction to hear the claim. In the PCRA context, jurisdiction is tied to the filing of a timely PCRA petition." Commonwealth v. Berry, 877 A.2d 479, 482 (Pa.Super.2005) ( en banc), appeal denied, 591 Pa. 688, 917 A.2d 844 (2007). "A sentence is illegal where a statute bars the court from imposing that sentence" or where the sentence subjects a defendant to double jeopardy. Id. at 483 (citations omitted). "[A]lthough legality ... ...
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