August 16, 1985
COMMONWEALTH OF PENNSYLVANIA, APPELLEE
COLIN L. GALENTINE, APPELLANT
Appeal From Judgment of Sentence, Court of Common Pleas, Criminal Division, Philadelphia County, No. 37-84
Before: Cavanaugh, Cercone and Lipez, JJ.
Judgment of sentence affirmed.
CONCURRING STATEMENT BY CAVANAUGH, J.
I would concur in the majority's holding and would add only that under the sentencing guidelines (42 Pa.C.S. § 9721), with an offense gravity score of six and a prior record score of zero, appellant's minimum sentence of 16 months clearly falls within both the "minimum range" of 4-12 months (plus 12-24 months for "weapons enhancement") and the "mitigated minimum range" of 2-4 months (plus 12-24 months for "weapons enhancement"). Even if the sentencing court stated that it did not perceive mitigating circumstances to be present in appellant's case, its sentence clearly falls upon the cusp of both the "minimum" and "mitigated minimum" ranges and renders meritless appellant's contention that his sentence "should have been within" the mitigated range.
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