Relying on Commonwealth v. Simmons, the Pennsylvania Superior Court vacated the the defendant’s sentence for a violation of probation. While on parole, the defendant violated his terms of supervision. He did not contest that violation. Prior to Simmons, the trial court anticipatorily revoked a consecutive probationary sentence the defendant had yet to commence. It was that sentence that the defendant appealed from. The Superior Court here ruled that the lower court was without lawful authority to anticipatorily revoke the probation in light of Simmons.
