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Commonwealth v. Cooper

Pennsylvania Superior Court

June 8, 2022

The Pennsylvania Superior Court affirmed the trial court’s finding that Appellant violated parole, but reversed its ruling that Appellant anticipatorily violated probation. The Court held that “in light of the recent Superior Court decision in Simmons, the trial court imposed an illegal sentence for the probation violation because at the time Appellant engaged in the criminal conduct that resulted in his conviction, Appellant was not serving his probationary sentence, and the trial court lacked the authority to find that Appellant anticipatorily violated probation.”

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