No. 190 March Term, 1978, Appeal from the Order of the Superior Court of Pennsylvania at No. 581 April Term, 1976, affirming the Judgment of Sentence dated March 5, 1976, of the Court of Common Pleas, Criminal Division, of Clarion County, Pennsylvania, at No. 32 Criminal, 1975.
Charles F. Gilchrest, Routman, Moore, Goldstone & Valentino, Sharon, for appellant.
Phillip L. Wein, Dist. Atty., Blair F. Green, Clarion, for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Manderino, Larsen and Flaherty, JJ. Manderino, J., joined by Flaherty, J., joins the opinion of the Court and files a concurring opinion.
Appellant Park Irvine Butch contends, and the record reveals, that his sentence of "total confinement" was imposed without due consideration for this Commonwealth's
statutory sentencing guidelines.*fn1 We therefore vacate judgment of sentence and remand for resentencing. See Commonwealth v. Kostka, 475 Pa. 85, 379 A.2d 884 (1977).
Appellant was convicted by a jury on May 29, 1975 of delivering marijuana (approximately one ounce) in violation of the Controlled Substance, Drug, Device and Cosmetic Act.*fn2 On March 5, 1976, the court sentenced him to serve a prison term of five and one-half to twenty-three months, and to pay the costs of prosecution and a fine of $350. On appeal to the Superior Court, appellant contended that the sentence had been illegally imposed. The Superior Court, however, affirmed the judgment of sentence by an equally divided court (Cercone, J., dissenting, joined by Hoffman and Spaeth, JJ.). This Court granted allocatur.*fn3 See 42 Pa.C.S.A. § 724.
In the Sentencing Code, the Legislature established standards for a court to observe when imposing sentence. Section 1322, "while not controlling the discretion of the court," lists twelve grounds which "shall be accorded weight in favor of an order of probation . . . ."*fn4 Section 1325
directs the court to consider "the nature and circumstances of the crime and the history, character, and condition of the defendant . . ." before imposing total confinement.*fn5 We have held that a sentencing court must articulate the reasons for the sentence imposed. See Commonwealth v. Kostka, supra; ...