Feb 1, 1989 PETITION FOR CLARIFICATION G

THE COURT OF COMMON PLEAS
WARREN COUNTY, CRIMINAL DIVISION

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COMMONWEALTH OF PENNSYLVANIA :
V: No.240 of 1986
GARY D. LAUFFENBERGER:

PETITION FOR CLARIFICATION OF SENTENCE

  TO THE HONORABLE JUDGE, ROBERT L. WOLFE:

The Petition of Gary D. Lauffenberger, pro se, respectfully presents that:

 1.  Gary D. Lauffenberger is the defendant in the above captioned case. He has pleaded guilty to a charge of Reckless Endangerment

 2.  The Defendant was resentenced on February 17, 1987 because the original sentence exceeded the statutory limits. Upon resentence Defendant received a maximum sentence of 48 months, but reduced to 24 months ( i.e. 1 - 2 years).

 3.  Due to the fact that the minimum sentence was not explicitly stated as being reduced to one half the maximum, there has been a misunderstanding by the PA Dept. of Corrections, that it is a flat 2 year sentence. See Initial Sentence Status Report   attached.

 4.  Your Honor has affirmed, in an Opinion in response to Defendant's P.C.H.A. petition, and entered on November 15, 1988, that Defendant was indeed sentenced to a term of 1-2 years on the reckless endangerment charge.

 

WHEREFORE, your petitioner prays that this Honorable Court instruct the Clerk of Court to notify the proper authorities within the Bureau of Prisons, Dept. of Corrections, of Petitioner's legal and proper sentence on the charge of Reckless Endangerment.
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Respectfully submitted,
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_____________________(Signed)

Petitioner, Pro Se
Gary D. Lauffenberger
AJ-0476 Drawer A @ S.C.I.
Cresson, PA 16630
Date: JANUARY 30, 1989

Bonnie: 23 days to live

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Order Feb 8, 1989
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
WARREN COUNTY BRANCH
CRIMINAL

COMMONWEALTH OF PENNSYLVANIA:
:
VS.: No. 240 of 1986/TD>
:
GARY D. LAUFFENBERGER:

ORDER

AND NOW, to-wit, this 8th day of February, 1989, after consideration of the Defendant's pro se petition for clarification of sentence to advise the Bureau of Corrections that the Bureau is in error in interpreting the amended sentence of February 17, 1987, is not a flat sentnece, the petition is denied.

BY THE COURT,

_____________________

Robert L. Wolfe, P.J.

Bonnie: 15 days to live

 

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