The day of trial a defendant had for misdemeanors 2 disorderly conduct and 2 terroristic threats because the defendant would not agree to waive their right to a jury trial for a trial by judge.The defendant were charged with 4 additional charges( 2 more disorderly conduct&2 morre terroristic threats)for a total of 8 misdemeanors now before the jury trial. The trial judge held a prelimary hearing the same day as opposed to sending it to the district court for the new charges. During the first day of the 2day trial after returning from lunch before the jurors retook the panel/came in the prosecutor requested the judge to amend two of the misdemeanors to summary offenses. The judge asked why since he the prosecutor had requested more charges to be added that morning and given a preliminary hearing for the new charges. The prosecutor told the judge that he had no reason. the judge denied the request. Nevertheless on the 2nd day of trial towards the closing statements the defendant's attorney instructed the jurors to find the defendant guilty of part B of the disorderly conduct charge which is a disorderly conduct as a summary offense. There for the jury found the defendant guilty of disorderly conduct as a summary offense. The defendant was never charged with a summary offense only misdemeanors and the request to deny any misdemeanors were denied by the judge. However the jurors were presented with an option to convict on a summary offense which I believe now was an desperate attempt by the court to avoid the defendant from being aquitted of all charges since they all were misdemeanors. My guess the evidence was not strong enough to convict on this level and once the court realized that they tried to go to the summary offense although never amended/charged. As a result of this the defendant was found guilty of charge four which they believed was a summary offense. Because the defendant was never charged/nor amended for a summary offense when the conviction of charge #4 was enter into the data base it was showing as a misdemeanor/the conviction of charge #4 the trial was on 6/16/09 and 6/17/09. on 6/23/09 when the defendant was viewing their court documents in public records the defendant notice the error of a misdemeanor not intially realized what had happened of the charged never being amendended from a M3 to Summ. The defendant had the attorney call the judges chamber. On the 6/24/09 the courts go into the system and change the M3 to a summary offense noted that it was amended on 6/24/09. How is this legal and how the defendants rights been violated and is there anything the defendant can do. as the appeal process has passed as the defendant did not realize what had happened and of course the defendant's attorney did not appeal it as he was obvious a part of this. The defendant attempted to apply for the Post Conviction Relief Act, but was told they were not eligible in PA because they had to still be serving a sentence by the time the post conviction relief act goes to trial which the defendant was told 6-12months the defendant was given 90days of probatio, 25hrs of community service, and ordered for psychological care. the defendant has no priors. what are the violations here is there anything that can be done as this look like an illegal conviction/sentence
