November 4, 1983
COMMONWEALTH OF PENNSYLVANIA
WINSLOW ANTHONY PARKER, APPELLANT
No. 213 Harrisburg 1982, Appeal from the Judgment of Sentence, May 19, 1982, Court of Common Pleas, Dauphin County, Criminal Division, No. 193, 193A CD 1982.
Before Wieand, Cirillo and Johnson, JJ. Wieand, J. files a memorandum dissenting statement.
Per Curiam: Judgment of sentence is affirmed.
WIEAND, J. files a memorandum dissenting statement.
I respectfully dissent. Before imposing a maximum five year term of imprisonment for a first offense of this nature, where there were no aggravating circumstances, the sentencing court should have ordered a pre-sentence investigation. It was not an adequate reason for dispensing therewith that the sentencing court had already decided what the sentence should be. I would vacate the judgment of sentence and remand for resentencing following a pre-sentence investigation and the submission of a full report thereof to the sentencing court.
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