Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. Super. Ct. 1999). · Go Syfert
Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. Super. Ct. 1999). Cases Citing This Book View Copy Cite
108 citation events (107 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) HARVEY v. ARMEL
E.D. Pa. · 2025 · confidence medium
Pennsylvania Courts and the Court of Appeals for the Third Circuit both recognize the “sentencing-package” doctrine, where a judge adjusts the sentencing on every conviction if a single conviction is overturned. , 9 F.4th 186, 200 (3d Cir. 2021); , 732 A.2d 1287, 1289 (Pa. Super. 1999).
discussed Cited as authority (rule) In Re: Tarselli, T.
Pa. Super. Ct. · 2025 · confidence medium
In light of the ambiguity in the resentencing directive, we presume that the intent of the Tarselli I panel was to align with the well-settled law that “[i]f our disposition upsets the overall sentencing scheme of the trial court, we must remand so that the court can restructure its sentence plan.” Commonwealth v. Thur, 906 A.2d 552, 569-70 (Pa. - 24 - J-S42036-24 Super. 2006) (citations omitted); Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999) (holding that if a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be va…
discussed Cited as authority (rule) Com. v. Sullivan, C.
Pa. Super. Ct. · 2024 · confidence medium
When a trial court errs in its sentence on one count in a multi-count case, “then all sentences for all counts will be vacated, so that the court can restructure its entire sentencing scheme.” Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999).
discussed Cited as authority (rule) Waters v. Mason (2×) also: Cited "see"
M.D. Penn. · 2023 · confidence medium
“If a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be vacated so that the court can restructure its entire sentencing scheme.” Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999).
discussed Cited as authority (rule) Com. v. Harvey, D. (2×) also: Cited "see"
Pa. Super. Ct. · 2021 · confidence medium
“If a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be vacated so that the court can restructure its entire sentencing scheme.” Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999).
cited Cited as authority (rule) Com. v. Prater, W.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999).
discussed Cited as authority (rule) Com. v. Rodland, C.
Pa. Super. Ct. · 2021 · confidence medium
Likewise, … if a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be vacated, so that the court can restructure its entire sentencing scheme.”5 Bartrug, 732 A.2d at 1289 (citations omitted).
discussed Cited as authority (rule) Com. v. Rodland, C.
Pa. Super. Ct. · 2021 · confidence medium
Likewise, … if a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be vacated, so that the court can restructure its entire sentencing scheme.”5 Bartrug, 732 A.2d at 1289 (citations omitted).
cited Cited as authority (rule) Com. v. Shaffer, K.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999) (citation omitted).
cited Cited as authority (rule) Com. v. Miles, M.
Pa. Super. Ct. · 2019 · confidence medium
Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999) (some citations omitted).
discussed Cited as authority (rule) Com. v. Kirkland, T.
Pa. Super. Ct. · 2019 · confidence medium
Commonwealth v. Baney, 187 A.3d 1020, 1023 (Pa. Super. 2018), citing Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999), appeal denied, 747 A.2d 896 (Pa. 1999) (citations omitted) (holding that the PCRA court did not abuse its discretion in vacating entire sentence before resentencing, rather than addressing only illegal part of sentence); see also Commonwealth v. Veon, 150 A.3d 435, 456 (Pa. 2016) (remanding for resentencing where vacating sentence of imprisonment and restitution left the “comprehensive sentencing scheme unmoored from its foundation”).
discussed Cited as authority (rule) Com. v. Rodland, C.
Pa. Super. Ct. · 2019 · confidence medium
Likewise, … if a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be vacated, so that the court can restructure its entire sentencing scheme.”5 Bartrug, 732 A.2d at 1289 (citations omitted).
discussed Cited as authority (rule) Com. v. Stewart, S.
Pa. Super. Ct. · 2019 · confidence medium
Commonwealth v. Baney, 187 A.3d 1020, 1023 (Pa. Super. 2018), citing Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999), appeal denied, 747 A.2d 896 (Pa. 1999) (citations omitted) (holding that the PCRA court did not abuse its discretion in vacating entire sentence before resentencing, rather than addressing only illegal part of sentence); see also Commonwealth v. Veon, 150 A.3d 435, 456 (Pa. 2016) (remanding for resentencing where vacating sentence of imprisonment and restitution left the “comprehensive sentencing scheme unmoored from its foundation.”).
discussed Cited as authority (rule) Com. v. Smith, R.
Pa. Super. Ct. · 2019 · confidence medium
Although a court may vacate all interdependent sentences when one of the sentences is illegal, even where the sentences flow from convictions charged on different bills of information, see Commonwealth v. Bartrug, 732 A.2d 1287, 1289-90 (Pa.Super. 1999), when an appellate court vacates one of several concurrent sentences, it does not upset a sentencing scheme and require remand for resentencing.
discussed Cited as authority (rule) Com. v. Waters, J. (2×) also: Cited "see"
Pa. Super. Ct. · 2019 · confidence medium
“If a trial court errs in its sentence on one count in a multi- count case, then all sentences for all counts will be vacated so that the court can restructure its entire sentencing scheme.” Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa.Super. 1999).
cited Cited as authority (rule) Com. v. Shakir, Y.
Pa. Super. Ct. · 2019 · confidence medium
Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999), ippeal denied, 56 J Pa. 651, 747 A.2d 896 (l 999).
discussed Cited as authority (rule) Com. v. Hill, S.
Pa. Super. Ct. · 2018 · confidence medium
Indeed, “if [the] trial court errs in its sentence on one count in multi- count case, then all sentences for all counts will be vacated so [the] court can restructure its entire sentencing scheme.” See Commonwealth v. Williams, 871 A.2d 254, 266 (Pa.Super. 2005) (citing Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa.Super. 1999), and Commonwealth v. Vanderlin, 580 A.2d 820, 831 (Pa.Super. 1990)).
cited Cited as authority (rule) Commonwealth v. Baney
Pa. Super. Ct. · 2018 · confidence medium
See Antidormi , supra at 760 ; see also Veon , supra at 455 ; Bartrug , supra at 1289. 9 Appellant's issue does not merit relief.
discussed Cited as authority (rule) Com. v. Anderson, K.
Pa. Super. Ct. · 2015 · confidence medium
“If a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be vacated so that the court can restructure its entire sentencing scheme.” Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999).
discussed Cited as authority (rule) Com. v. Shaffer, K. (2×) also: Cited "see"
Pa. Super. Ct. · 2014 · confidence medium
Before addressing that claim, however, we observe that “if a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be vacated so that the court can restructure its entire sentencing scheme.” Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super 1999).
discussed Cited as authority (rule) Commonwealth v. McHale
Pa. Super. Ct. · 2007 · confidence medium
See Commonwealth v. Williams, 871 A.2d 254, 266 (Pa.Super.2005) (citing, inter alia, Goldhammer, supra, in remanding for re-sentencing because the trial court’s overall sentencing scheme had been disrupted by the appellate court’s determination that imposition *669 of separate sentences under two different provisions of the motor vehicle code was improper in this driving under the influence case); Commonwealth v. Sutton, 400 Pa.Super. 291 , 583 A.2d 500, 502 (1990) (citing Goldhammer, swpra, for the proposition that “the proscriptions against double jeopardy do not prevent us from remand…
discussed Cited "see" Com. v. Sturgis, D.
Pa. Super. Ct. · 2026 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. Super. 1999) (sentencing error in multi-count case normally requires appellate court to vacate entire judgment of sentence so trial court can restructure sentencing scheme on remand). -9-
discussed Cited "see" Com. v. Norris, M.
Pa. Super. Ct. · 2025 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287, 1290 (Pa. Super. 1999) (holding where a defendant appeals a judgment of sentence, he accepts the risk that the Commonwealth may seek a remand for resentencing thereon if the disposition in the appellate court upsets the original sentencing scheme of the trial court).
discussed Cited "see" Com. v. Marmillion, M.
Pa. Super. Ct. · 2024 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999) (holding sentencing error on one count in multi-count case normally requires appellate court to vacate entire judgment of sentence so trial court can restructure its sentencing plan on remand).
discussed Cited "see" Com. v. Lino, K.
Pa. Super. Ct. · 2023 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error on one count in multi-count case normally requires appellate court to vacate entire judgment of sentence so trial court can restructure its sentencing plan on remand).
discussed Cited "see" Com. v. Lardani, W.
Pa. Super. Ct. · 2023 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (explaining that illegal sentence must be corrected; if trial court errs in its sentence on one count in multi-count case, then all sentences for all counts will be vacated so that court can restructure its entire sentencing scheme). 15 Accordingly, Appellant’s issues on appeal merit no relief, but we vacate the probationary portion of Appellant’s revocation sentences and remand for resentencing.
discussed Cited "see" Com. v. Morris, A.
Pa. Super. Ct. · 2023 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 [, 1289] (Pa. Super. 1999) (noting a resentence of 7½ to 15 years for burglary was lawful after not receiving a sentence for burglary and having been given previously the same sentence for theft by unlawful taking)…. “[I]n most circumstances, a judge can duplicate the effect of the original - 13 - J-S45039-22 sentencing plan by adjusting the sentences on various counts so that the aggregate punishment remains the same.” Walker, 568 A.2d at 206.
discussed Cited "see" Com. v. Myrick, H.
Pa. Super. Ct. · 2022 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999) (holding that if a trial court errs in sentencing on one count in a multi-count case, then sentences for all counts must be vacated).
examined Cited "see" Com. v. Davis, G. (3×)
Pa. Super. Ct. · 2021 · signal: see · confidence high
See id. - 18 - J-S24025-21 In Commonwealth v. Bartrug, 732 A.2d 1287 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999), the appellant pled guilty to burglary, theft by unlawful taking, and receiving stolen property.
discussed Cited "see" Com. v. Styer, T.
Pa. Super. Ct. · 2021 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999) (holding that if a trial court errs in sentencing on one count in a multi-count case, then all sentences for all counts must be vacated).
discussed Cited "see" Com. v. Rosario, K.
Pa. Super. Ct. · 2021 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error on one count in multi-count case generally requires all sentences for all counts to be vacated so court can restructure entire sentencing scheme).
discussed Cited "see" Com. v. Rosario, K.
Pa. Super. Ct. · 2021 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error on one count in multi-count case generally requires all sentences for all counts to be vacated so court can restructure entire sentencing scheme).
discussed Cited "see" Com. v. Daniels, J.
Pa. Super. Ct. · 2020 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error on one count in multi-count case normally requires appellate court to vacate entire judgment of sentence so trial court can restructure its sentencing plan on remand).9 We affirm the order denying PCRA relief in all other respects.
discussed Cited "see" Com. v. Fuentes, J.
Pa. Super. Ct. · 2020 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error on one count in multi-count case generally requires all sentences for all counts to be vacated so court can restructure entire sentencing scheme).
discussed Cited "see" Com. v. Delvalle, J.
Pa. Super. Ct. · 2020 · signal: see · confidence high
See - 18 - J-S07025-20 Commonwealth v. Bartrug, 732 A.2d 1287 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error on one count in multi-count case generally requires all sentences for all counts to be vacated so court can restructure entire sentencing scheme).
discussed Cited "see" Com. v. Mathis, N.
Pa. Super. Ct. · 2020 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. Super. 1999) (sentencing error on one count in multi-count case generally requires all sentences for all counts to be vacated so court can restructure entire sentencing scheme).
discussed Cited "see" Commonwealth v. Greenlee
Pa. Super. Ct. · 2019 · signal: see · confidence high
See Commonwealth v. Bartrug , 732 A.2d 1287 (Pa.Super. 1999), appeal denied , 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error on one count in multi-count case generally requires all sentences for all counts to be vacated so court can restructure entire sentencing scheme).
discussed Cited "see" Com. v. Meckley, J.
Pa. Super. Ct. · 2019 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287, 1298 (Pa. Super. 1999) (stating that “if a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be vacated so that the court can restructure its entire sentencing scheme.”). -5- J-S79037-18 J-S79038-18 Judgment of sentence vacated.
discussed Cited "see" Commonwealth v. Sandusky
Pa. Super. Ct. · 2019 · signal: see · confidence high
See Commonwealth v. Bartrug , 732 A.2d 1287 , 1289 (Pa. Super. 1999) (holding sentencing error in multi-count case normally requires appellate court to vacate entire judgment of sentence so trial court can restructure its sentencing plan on remand), appeal denied , 561 Pa. 651 , 747 A.2d 896 (Pa. 1999).
discussed Cited "see" Com. v. Barnes, K.
Pa. Super. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. -7- J-S52043-18 Super. 1999) (noting a resentence of 7½ to 15 years for burglary was lawful after not receiving a sentence for burglary and having been given previously the same sentence for theft by unlawful taking) []. “[I]n most circumstances, a judge can duplicate the effect of the original sentencing plan by adjusting the sentences on various counts so that the aggregate punishment remains the same.” Walker, 568 A.2d at 206.
discussed Cited "see" Com. v. Elia, J.
Pa. Super. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287, 1289 (Pa. Super. 1999), appeal denied, 747 A.2d 896 (Pa. 1999) (citing Pennsylvania v. Goldhammer, 474 U.S. 28 (1985)); see also Commonwealth v. Wilson, 934 A.2d 1191, 1196 (Pa. 2007) (“We agree with the Commonwealth that Appellee had no legitimate expectation of finality in his sentence after he has filed an appeal therefrom.”); Commonwealth v. Goldhammer, 517 A.2d 1280, 1283 (Pa. 1986), cert. denied, 480 U.S. 950 (1987) (“We hold therefore, that where a defendant appeals a judgment of sentence, he accepts the risk that the Commonwealth may se…
discussed Cited "see" Com. v. Morrison, D. (2×)
Pa. Super. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error on one count in multi-count case generally requires all sentences for all counts to be vacated so court can restructure entire sentencing scheme).
discussed Cited "see" Commonwealth v. Barnes (2×)
Pa. Super. Ct. · 2017 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. Super. 1999) (noting a resentence of 7½ to 15 years for burglary was lawful after not receiving a sentence for burglary and having been given previously the same sentence for theft by unlawful taking), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999). “[I]n most circumstances, a judge can duplicate the effect of the original sentencing plan by adjusting the sentences on various counts so that the aggregate punishment remains the same.” Walker, 568 A.2d at 206 .
discussed Cited "see" Com. v. Evans, R.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error in multi-count case normally requires appellate court to vacate entire judgment of sentence so trial court can restructure its sentencing plan on remand).
discussed Cited "see" Com. v. Martinez, A.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error in multi-count case normally requires appellate court to vacate entire judgment of sentence so trial court can restructure its sentencing plan on remand).
discussed Cited "see" Com. v. Diaz-Perdomo, O.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. Super. 1999) (holding sentencing error in multi-count case normally requires appellate court to vacate entire judgment of sentence so trial court can restructure its sentencing scheme on remand).
discussed Cited "see" Com. v. Darcangelo, D.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error in multi-count case normally requires appellate court to vacate entire judgment of sentence so trial court can restructure its sentencing scheme on remand).
discussed Cited "see" Com. v. Keefer, J.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Bartrug, 732 A.2d 1287 (Pa.Super. 1999), appeal denied, 561 Pa. 651 , 747 A.2d 896 (1999) (holding sentencing error on one count in multi-count case generally requires sentences for all counts to be vacated so trial court can restructure entire sentencing scheme).
discussed Cited "see" Com. v. Franklin, V. (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2015 · signal: see · confidence high
See Bartrug, 732 A.2d at 1289 ; Goldhammer, 517 A.2d at 1283 .
discussed Cited "see" Commonwealth v. Gaines (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2015 · signal: see · confidence high
See Bartrug, supra: The , same is not true when a PCRA court orders a new trial; only a trial court may preside over a criminal trial.
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania, Appellee,
v.
Elwood BARTRUG, Appellant
Superior Court of Pennsylvania.
Jun 7, 1999.
732 A.2d 1287
John K. Kaye, Coraopolis, for appellant., Sally K. Lewis, Asst. Dist. Atty., Pittsburgh, for Com., appellee.
Sole, Joyce, Beck.
Cited by 76 opinions  |  Published
JOYCE, J.:

¶ 1 Elwood Bartrug, Appellant, appeals the judgment of sentence entered June 22, 1998. For the reasons set forth below, we affirm. Before addressing Appellant’s claim, we will briefly recount the pertinent facts of the case.

¶ 2 On August 18, 1994, Appellant burglarized the victim’s Squirrel Hill residence in Pittsburgh. There were indications that the burglary may have been an “inside job”. Appellant broke and entered through the only window of the residence that was not connected to the alarm system. He proceeded directly to the room where the stolen property, jewelry worth approximately $175,000, was located. Appellant did not search any other room of the house. Coincidentally, Appellant perpetrated this crime the day after the victim’s housekeeper was placed in the hospital and during a two to three hour period when the victim herself was away from the home. Fingerprints belonging to Appellant were lifted from the window, which was the point of entry for the burglary. Subsequently, Appellant was arrested.

¶ 3 On June 26, 1995, Appellant pled guilty to burglary, [1] theft by unlawful taking or disposition [2] and receiving stolen property. [3] The trial court sentenced Appellant to seven and one-half (7/é) to fifteen (15) years’ imprisonment for theft by unlawful taking. [4] No further sentence was imposed on the remaining counts. The court based its decision upon the pre-sen-tence report and the court’s belief that Appellant was not honest and forthcoming as to how he had picked this particular house or his knowledge of how to safely enter this particular house.

¶ 4 Appellant filed an unsuccessful motion for reconsideration of sentence, however he did not pursue a direct appeal. On May 20, 1996, Appellant filed a pro se petition for relief under the Post Conviction Relief Act PCRA, 42 Pa.C.S.A. §§ 9541-9546. Following appointment of counsel, Appellant filed an amended petition arguing that the court had imposed an[*1289] illegal sentence. Appellant averred that his sentence exceeded the lawful maximum. The trial court, realizing its error, granted Appellant’s petition for relief, vacated the judgment of sentence and scheduled resentencing. On June 22, 1998, Appellant was resentenced to seven and one-half (7/4) to fifteen (15) years for burglary. [5] No further sentence was imposed on the remaining counts. Appellant timely appealed.

¶ 5 The sole issue presented for our review is whether the PCRA court erred in vacating the entire sentence rather than addressing only that part of Appellant’s sentence that was illegal. Appellant questions whether the PCRA court had jurisdiction to vacate otherwise legal sentences after the time for direct appeal had passed and which were not part of his PCRA petition. Appellant, citing Commonwealth v. Goldhammer, 507 Pa. 236, 489 A.2d 1307 (1985), rev’d, Commonwealth v. Goldhammer, 474 U.S. 28, 106 S.Ct. 353, 88 L.Ed.2d 183 (1985), also asserts his double jeopardy protections may have been violated. [6]

¶ 6 Although we are unaware of any case where such resentencing occurred within the forum of the PCRA, we do not see that as being an obstacle as to the power or jurisdiction of the court to act. Available relief under the PCRA is statutorily defined, and rather broad:

§ 9546. Relief and Order

(a) General rule. — If the court rules in favor of the petitioner, it shall order appropriate relief and issue supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence or other matters that are necessary and proper.

42 Pa.C.S.A. § 9546(a).

¶ 7 Furthermore, this Court has held that when an illegal sentence has been imposed, the sentence must be corrected. Commonwealth v. Kratzer, 442 Pa.Super. 514, 660 A.2d 102, 104 (1995). Likewise, we have held that if a trial court errs in its sentence on one count in a multi-count case, then all sentences for all counts will be vacated so that the court can restructure its entire sentencing scheme. Commonwealth v. Vanderlin, 398 Pa.Super. 21, 580 A.2d 820, 831 (1990) (citation and quotation omitted). This has been held true even where Appellant specifically limits his appeal to one particular illegal sentence based upon one bill of information and does not appeal sentences based upon other bills of information, where those sentences are part of a common sentencing scheme. Commonwealth v. Sutton, 400 Pa.Super. 291, 583 A.2d 500, 502, appeal denied, 528 Pa. 610, 596 A.2d 156 (1991). We find the PCRA court did not err in vacating the entire sentence prior to resentencing.

¶ 8 Addressing Appellant’s double jeopardy concerns, we note that Appellant’s reliance on Commonwealth v. Gold-hammer, supra, is misplaced. The United States Supreme Court reversed Gold-hammer and remanded it to our Supreme Court, indicating that the double jeopardy clause would not be violated by composite resentencing. Pennsylvania v. Goldhammer, 474 U.S. 28, 106 S.Ct. 353, 88 L.Ed.2d 183 (1985). Thereafter, our Supreme Court reversed and remanded for resentencing on the entire sentencing scheme. Commonwealth v. Goldhammer, 512 Pa. 587, 517 A.2d 1280 (1986), appeal denied, Goldhammer v. Pennsylvania, 480 U.S. 950, 107 S.Ct. 1613, 94 L.Ed.2d 798 (1987). In so doing, the Goldhammer court appropriately stated:

We hold, therefore, that where a defendant appeals a judgment of sentence, he accepts the risk that the Commonwealth may seek a remand for resentencing thereon if the disposition in the appel[*1290] late court upsets the original sentencing scheme of the trial court.

Commonwealth v. Goldhammer, 512 Pa. at 593, 517 A.2d at 1283. Indeed, our Supreme Court determined that “[w]hen a defendant challenges one of several interdependent sentences, he, in effect, challenges the entire sentencing plan.” Id., quoting, United States v. Busic, 639 F.2d 940, 947 n. 10 (1981), cert. denied, 452 U.S. 918, 101 S.Ct. 3055, 69 L.Ed.2d 422.

¶ 9 Accordingly, we find that the PCRA court exercised proper authority in vacating all of Appellant’s sentences. Likewise, the PCRA court properly resentenced Appellant and there is no violation of double jeopardy. Therefore, we affirm.

¶ 10 Judgment of sentence affirmed.

1

. 18Pa.C.S.A. § 3502.

4

. Appellant was sentenced for theft by unlawful taking, a felony of the third degree. Pursuant to 18 Pa.C.S.A. § 1103(3), the maximum term that Appellant could be sentenced for this conviction was seven (7) years. Appellant was originally sentenced to a term of seven and one-half (7¡6) to fifteen (15) years.

5

. Burglary is graded as a felony of the first degree. A maximum sentence of twenty (20) years is permissible. 18 Pa.C.S.A. § 1103(1).

6

. Appellant acknowledges Goldhammer has been reversed, but argues that much of the reasoning supports his position.