Opinion
April 8, 1974.
March 31, 1975.
Criminal Law — Practice — Sentence — Severity of sentence.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 433, April T., 1973, from judgment of sentence of Court of Common Pleas of Indiana County, March T., 1972, No. 146, in case of Commonwealth of Pennsylvania v. Henry John Mangum. Judgment of sentence affirmed.
Indictment charging defendant with burglary and unlawful possession of burglary tools. Before CLARK, P.J.
Plea of guilty to charge of burglary entered and judgment of sentence entered thereon. Defendant appealed.
W. Parker Ruddock, Public Defender, for appellant.
Robert C. Early, Assistant District Attorney, and W. Thomas Malcolm, District Attorney, for Commonwealth, appellee.
This court on its own motion remanded this case with a procedendo to determine whether the Commonwealth had jurisdiction over the crime. Commonwealth v. Mangum, 231 Pa. Super. 162, 332 A.2d 467 (1974). Pursuant to this order, the court below, following a stipulation by both parties, determined that it did have jurisdiction and reaffirmed the judgment of sentence. When the case was remanded, we indicated that we would consider the appeal on the merits if the court below determined that it did have jurisdiction.
The sole issue raised by appellant is the severity of his sentence when compared to that of his co-conspirators. We find no merit to this claim.
The judgment of sentence is affirmed.