No. 990 April Term, 1979, Appeal from the Judgments of Sentence entered in the Court of Common Please of Fayette County, Pennsylvania, Criminal Division on October 9, 1979, at Nos. 357, 358, 369, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 484, 485, 486, 487, 488, 489, 490, 507, 509, 533, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 750, 812 - all of 1978, fractional numbers thereunder. No. 54 of 1979.
Peter U. Hook, Uniontown, for appellant.
Gerald R. Solomon, District Attorney, Uniontown, for Commonwealth, appellee.
Spaeth, Johnson and Popovich, JJ.
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On April 3, 1979, the appellant, Harry Paul Bryner, entered pleas of guilty to forty-three (43) charges of burglary, theft and receiving stolen property.*fn1 On October 9, 1979, a term of imprisonment of not less than five (5) years nor more than ten (10) years was imposed for the offense at No. 357 of 1978. A consecutive sentence of not less than four (4) years nor more than eight (8) years was ordered for the offense at No. 471 of 1978. The sentences for the remaining crimes were either suspended or ordered to run concurrently. Thereafter, appellant filed a motion for reconsideration of sentence which was denied by the court below.
The sole contention raised by appellant on appeal is that the sentences imposed were manifestly excessive. The validity of said claim cannot be determined from the instant record; therefore, we must vacate the judgments of sentence and remand for resentencing.
As this Court has often stated:
"It is settled that the imposition of a proper sentence is a matter vested in the sound discretion of the sentencing
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judge. Commonwealth v. Valentin, 259 Pa. Super. 496, 393 A.2d 935 (1978). In exercising this discretion, however, the judge must rely on full and accurate information and must state on the record the reasons for the sentences imposed. Commonwealth v. Riggins, [474 Pa. 115, 377 A.2d 140 (1977)]; Commonwealth v. Wicks, 265 Pa. Super. 305, 401 A.2d 1223 (1979). This statement of reasons must show that in imposing sentence, the judge attached weight to the factors set forth in the statutory guidelines for sentencing, and carefully considered the facts concerning the circumstances of the offense and the character of the defendant. Commonwealth v. Wicks, supra. If the sentencing judge fails to state the reasons for the sentences on the record, we will vacate the sentences and remand for resentencing. See Commonwealth v. Young, [272 Pa. Super. 82, 414 A.2d 679 (1979)]; Commonwealth v. Wicks, supra." Commonwealth v. Maxwell, 280 Pa. Super. 235, 242, 421 A.2d 699, 703 (1980).
The only evidence of record reflective of the "circumstances of the offenses and the character of the accused" came from counsel, who stated that: 1) appellant was instrumental in securing the conviction of those persons responsible for the commission of a homicide in a neighboring county; 2) appellant did no more than drive the vehicle in the crimes to which he pled guilty; 3) no bodily injury was inflicted by appellant in any of the crimes committed; 4) appellant was willing to make some kind of substantial restitution; 5) appellant was a family man with children ages 7 and 8; and 6) appellant provided information to law enforcement agencies ...