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COMMONWEALTH PENNSYLVANIA v. FRANKLIN D. SYPIN (04/19/85)

filed: April 19, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
FRANKLIN D. SYPIN, APPELLANT



Appeal from the Judgment of Sentence in the Court of Common Pleas of Erie County, Criminal No. 1441 and 1763 of 1982.

COUNSEL

Carmela R.M. Presogna, Assistant Public Defender, Erie, for appellant.

Tim Lucas, Assistant District Attorney, Erie, for Commonwealth, appellee.

Spaeth, President Judge, and Brosky and Olszewski, JJ. Olszewski, J., files a concurring and dissenting statement.

Author: Spaeth

[ 341 Pa. Super. Page 507]

This appeal is from a judgment of sentence following pleas of guilty to involuntary deviate sexual intercourse and

[ 341 Pa. Super. Page 508]

    corruption of minors. Appellant was sentenced to twelve and one-half to twenty-five years imprisonment. The charges to which appellant pleaded guilty arose out of an incident in which appellant engaged in sexual acts with a nine year old boy. On appeal appellant argues that the trial court abused its discretion at sentencing by considering factors that were not related to this case and by not stating adequate reasons for the sentence. We agree and therefore vacate the sentence and remand for resentencing.

-1-

In sentencing appellant the trial court stated:

As you know, there are thousands of kids, and I mean it's thousands of kids that disappear every year.

Youngsters that no one ever sees or hears from again. Sometimes they're found dead; ...


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