Commonwealth v. Moncrea

Holding

The Commonwealth appeals from a judgment of the Court of Appeals finding the appellant’s sentencing order void ab initio. The Commonwealth argues that the purported error in the sentencing order is merely voidable and that appellant’s failure to object to the sentencing order precludes him from challenging the sentencing order on appeal. Although the parties both consider the sentencing order to be erroneous, they dispute whether the order is void ab initio or merely voidable. However, because we do not find error in this order, it is not necessary to address whether the sentencing order is void ab initio or merely voidable. For the reasons discussed in this opinion, the judgment of the Court of Appeals is reversed.