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COMMONWEALTH PENNSYLVANIA v. ROBERT L. SMITH (06/08/84)

submitted: June 8, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
ROBERT L. SMITH, APPELLANT. COMMONWEALTH OF PENNSYLVANIA V. MICHAEL BARNES, APPELLANT



No. 1509 Philadelphia 1983, Appeal from the Judgment of Sentence May 11, 1983 in the Court of Common Pleas of Luzerne County, Criminal Division No. 697 of 1981 and 1546 of 1982. No. 1512 Philadelphia 1983, Appeal from the Judgment of Sentence May 11, 1983 in the Court of Common Pleas of Luzerne County, Criminal Division No. 1546-A of 1982

COUNSEL

Patrick J. Flannery, Assistant Public Defender, Kingston, for appellants.

Joseph Giebus, Assistant District Attorney, Wilkes Barre, for Com., appellee.

Tamilia, Johnson and Hester, JJ.

Author: Tamilia

[ 333 Pa. Super. Page 180]

This is an appeal from judgment of sentence entered against appellant, Michael Barnes, in the Court of Common Pleas of Luzerne County pursuant to his negotiated plea of guilty to a charge of criminal conspiracy to commit robbery. Appellant was sentenced to a term of imprisonment of two years and one month to four years and two months. This appeal followed.

Co-defendant Robert L. Smith entered a negotiated plea of guilty to charges of robbery, criminal conspiracy, simple assault, and criminal mischief. He was sentenced to eighteen to thirty-six months imprisonment followed by seven years probation and on appeal raises issues duplicative of those contained in appellant Barnes' appeal.

The issues raised relate to the court's use of appellants' juvenile records in fashioning their sentences and are of first impression in relation to the Sentencing Guidelines.

[ 333 Pa. Super. Page 181]

It is first alleged that because the court made no record findings of the nature of juvenile adjudications factored into the Sentencing Guidelines and noted on the forms used to calculate sentences, or of appellants' ages at the time of their commission, the requirements of the Guidelines were not met.

Title 204 Pa.Code § 303.7(b)(1)(ii) as reported in 42 Pa.C.S.A. § 9721 states that:

(1) The offenses scored in this section are as follows:

(ii) All prior juvenile adjudications of delinquency where there was an express finding that the adjudication was based on the commission of a felony or one of the weapons misdemeanors listed in subsection (a)(3) where the ...


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