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COMMONWEALTH F PENNSYLVANIA v. PATRICIA ANN SANTAFEMIA (01/06/84)

January 6, 1984

COMMONWEALTH F PENNSYLVANIA
v.
PATRICIA ANN SANTAFEMIA, APPELLANT



No. 390 Pittsburgh, 1983, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Erie County, 1982, No. 1532.

Before Rowley, Wieand and Hester, JJ. Wieand, J., files a Concurring and Dissenting Statement.

Per Curiam:

Judgment of sentence is modified to direct that an additional hearing be held following appellant's release on parole and, as modified, judgment of sentence is affirmed.

Wieand, J., files a Concurring and Dissenting Statement.

WIEAND, J.:

I agree with and join the majority's determination that the trial court's statement of reasons for the sentence of imprisonment imposed upon appellant was sufficient and that the sentence of imprisonment was not excessive.In any judgment, however, the record is insufficient to permit a determination of the following: 1) the precise amount of the loss suffered by Erie County; 2) the amount of restitution which appellant has the ability to pay; 3) the amount of the fine, if any, which appellant can pay if she first makes restitution; and (4) the manner in which payment of the foregoing amounts is to be made. Therefore, I would vacate the judgment of sentence and remand for resentencing in accordance with the mandates of Commonwealth v. Wood, 300 Pa. Super. 463, 446 A.2d 948 (1982) and 42 Pa.C.S. § 9726(c) and (d).

19840106

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