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Commonwealth v. Harclerode

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J. S04033/01

� 1 Donald Harclerode appeals from his February 22, 2000 judgment of sentence of seven and one-half (7�) to sixty-two (62) years’ imprisonment, followed by twenty (20) years’ probation. *fn1 On August 27, 1997, pursuant to a negotiated plea agreement, appellant pled guilty to rape (two counts), *fn2 involuntary deviate sexual intercourse, *fn3 indecent assault, *fn4 impersonating a public servant *fn5 and criminal conspiracy to commit rape. *fn6 These offenses stem from separate sexual assaults appellant committed against young women in 1996.

� 2 On August 29, 1997, pursuant to the plea agreement, appellant received an aggregate sentence of seven and one-half (7�) years to life imprisonment. No direct appeal was filed. On June 18, 1999, appellant filed a petition pursuant to the Post Conviction Relief Act (PCRA) *fn7 and argued he was serving an illegal sentence. Upon review of the matter, the Commonwealth agreed with appellant’s position and a resentencing hearing was conducted. *fn8

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