Emmco Insurance Co. v. Sharp

How courts have described this case

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

• holding that where the underlying sentence of probation is illegal, a sentence based on a revocation of that probation sentence is also -4- J-S58017-14 illegal
• holding that, where an original probationary sentence is illegal, the sentence of imprisonment imposed for the violation of the probation is also illegal and must be vacated
• explaining that where court imposes illegal sentence and later finds defendant in violation of probation related to that sentence, new sentence imposed following revocation of probation is also illegal
• stating that, generally, a challenge to the legality of a sentence cannot be waived
• reiterating that “[a] challenge to the legality of sentence is non-waivable[,]” and that “[o]ur scope of review of challenges to the legality of a sentence is plenary, and the standard of review is de novo”
• vacating a violation of probation sentence as illegal due to a prior illegal sentence

Source: CourtListener parenthetical corpus (CC0).