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COMMONWEALTH v. PHELPS (09/30/71)

decided: September 30, 1971.

COMMONWEALTH
v.
PHELPS, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas of Chester County, May T., 1968, Nos. 354A, 354B, 354C, 354D, and May T., 1970, No. 116, in case of Commonwealth of Pennsylvania v. Larry James Phelps.

COUNSEL

D. Benjamin VanSteenburgh, Assistant Public Defender, for appellant.

James D. McErlane, Assistant District Attorney, with him Norman J. Pine, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Montgomery, J., joins in this dissenting opinion.

Author: Per Curiam

[ 220 Pa. Super. Page 235]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was charged with burglary, larceny, armed robbery, and prison breach. He pled guilty to

[ 220 Pa. Super. Page 236]

    all these charges and sentencing was deferred pending a presentence investigation. Prior to sentencing appellant's attorney made a motion to examine the presentence report. This motion was denied. Appellant was then sentenced and this appeal followed.

It has been the law in Pennsylvania that a sentencing judge may allow disclosure of a presentence report at his discretion. Commonwealth ex rel. Lockhart v. Myers, 193 Pa. Superior Ct. 531, 165 A.2d 400 (1960).*fn1 However, in recent years the trend of scholarly and legal opinion has been toward requiring disclosure of these reports. See, e.g., United States v. Solomon, 422 F. 2d 1110 (7th Cir. 1970); United States ex rel. Brown v. Rundle, 417 F. 2d 282 (3rd Cir. 1969); Verdugo v. United States, 402 F. 2d 599 (9th Cir. 1968); Baker v. United States, 388 F. 2d 931 (4th Cir. 1968); State v. Kunz, 55 N.J. 128, 259 A.2d 895 ...


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