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COMMONWEALTH PENNSYLVANIA v. JAY C. SMITH (06/25/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: June 25, 1982.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
JAY C. SMITH, APPELLANT

No. 136 March Term, 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas of Dauphin County, Criminal Division, No. 1799 C.D. 1978.

COUNSEL

John J. O'Brien, West Chester, for appellant.

Joseph W. Carroll, III, Assistant District Attorney, West Chester, for Commonwealth, appellee.

Price, Wieand and Lipez, JJ. Wieand, J., filed a dissenting statement.

Author: Lipez

[ 301 Pa. Super. Page 205]

Defendant pleaded nolo contendere to carrying firearms without a license, 18 Pa.C.S. § 6106, possession of instruments of crime (PIC), 18 Pa.C.S. § 907, and disorderly conduct, 18 Pa.C.S. § 5503. He received concurrent two-to-five-year prison sentences for the firearms violation and PIC, with a concurrent six-month-to-one-year sentence for disorderly conduct. Defendant's only contention in this appeal is that his sentence is manifestly excessive. We vacate the judgment of sentence, and remand for sentencing.

"In reviewing a sentence challenged as manifestly excessive, this court is required to review the sentence itself and the process by which the sentencing judge reached it."*fn1

[ 301 Pa. Super. Page 206]

    supra; see also Commonwealth v. Sullivan, 497 Pa. 76, 439 A.2d 110 (1982).

Judgment of sentence vacated and case remanded for resentencing.

WIEAND, Judge, dissenting:

I respectfully dissent. I would hold that the reasons given for the trial court's sentence sufficiently complied with the requirements of Pa.R.Crim.P. 1405(b) and Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977). See Commonwealth v. Haggerty, 294 Pa. Super. 590, 440 A.2d 623 (1982); Commonwealth v. Bachert, 271 Pa. Super. 72, 412 A.2d 580 (1979). Therefore, I would affirm the judgment of sentence.


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