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Commonwealth v. Wallace

Citations

  • 533 A.2d 1051
  • 368 Pa. Super. 255
  • 1987 Pa. Super. LEXIS 9598

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that labeling a sentencing challenge as constitutional does not automatically transform it into a non-waivable illegal sentencing claim
  • holding illegality of sentence going to the jurisdiction or authority of the court cannot be waived
  • holding challenges to the deadly weapon enhancement based on the “unconstitutionality of the factors considered in the exercise of the court’s discretion” must be raised and preserved
  • collecting cases and noting that constitutional issues, even sentencing issues based on the constitution, are waived if not properly raised in the trial court
  • explaining constitutional issues are waived if not raised and preserved at all levels of adjudication
  • sentences beyond the power of the court to impose are illegal sentences as a matter of law

Source: CourtListener parenthetical corpus (CC0).

Judges: Cavanaugh, Montemuro, Kelly

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.