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COMMONWEALTH PENNSYLVANIA v. SCOTT GABLE (07/19/85)

SUPERIOR COURT OF PENNSYLVANIA


July 19, 1985

COMMONWEALTH OF PENNSYLVANIA
v.
SCOTT GABLE, APPELLANT

Appeal from the Judgment of Sentence of March 14, 1984 in the Court of Common Pleas of Dauphin County, Criminal Division, at No. 1718 C.D. of 1983.

Before Popovich, Watkins and Lipez, JJ. Lipez, J. files a Dissenting Memorandum.

Per Curiam

Judgment of sentence affirmed.

LIPEZ, J. files a Dissenting Memorandum.

LIPEZ, J.

The sentencing judge was required to consider the sentencing guidelines in imposing sentence. 42 Pa. C.S. ยง 9721(b). Here the transcript of the sentencing hearing clearly demonstrates that the guidelines were not considered, because when defense counsel protested that the sentence was outside the guidelines, the sentencing judge replied that he did not even know what the guidelines were for the offense under consideration. We should therefore vacate the judgment of sentence and remand for resentencing.

19850719

© 1998 VersusLaw Inc.



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