Tuesday, May 4, 2010

COMMONWEALTH OF PENNSYLVANIA v. ANDRE HALL

COMMONWEALTH OF PENNSYLVANIA v. ANDRE HALL
No. 210 EDA 2008 2010 PA Super 79 Atlantic: n/a Filed: 5/4/2010

Appeal from the Judgment of Sentence Entered August 6, 2007,
Court of Common Pleas, Philadelphia County,Criminal Division,
at Nos. CP-51-CR-0300801-2005 and CP-51-CR-0400131-2005.
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: SHOGAN, J.
Dissenting Opinion by: ALLEN, J.
Appellant, Andre Hall, appeals from the judgment of sentence entered on August 6, 2007, in the Philadelphia County Court of Common Pleas. The judgment of sentence included a term of imprisonment followed by probation for his conviction of voluntary manslaughter. As a condition of probation, the sentencing court directed Appellant to pay child support to the decedent’s two young children. Appellant appeals this condition. Because we hold that the portion of the sentence that required Appellant to pay child support for the decedent’s children was an illegal sentence, we vacate the judgment of sentence and remand for re-sentencing.
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