Appeal from the Judgment of Sentence of the Court of Common Pleas, Northumberland County, dated November 9, 1984 at No. CR-83-196.
Barry F. Feudale, Shamokin, for appellant.
Joseph Toddy, Assistant District Attorney, Milton, for Com., appellee.
Rowley, Del Sole and Beck, JJ.
[ 355 Pa. Super. Page 370]
This appeal challenges the sentence imposed following Appellant's guilty plea to charges of robbery, false imprisonment and criminal mischief. We are specifically asked to consider whether the trial court erred in sentencing Appellant under the aggravated range of the guidelines, and in imposing a deadly weapon enhancement. In addition, Appellant attacks the constitutionality of the deadly weapon enhancement provisions of the Sentencing Guidelines.
After examining the record, we find that the court erred in applying the deadly weapons enhancement in light of this court's recent decision in Commonwealth v. Taylor, 346 Pa. Super. 599, 500 A.2d 110 (1985). Since we remand for resentencing based upon this issue, we find no reason to address Appellant's remaining challenges.
The Majority of the court in Taylor, noted:
This court believes the Commonwealth is bound by the record on the plea as to what the defendant admitted in exchange for the plea of guilty. Thus, the record neither establishes there was a weapon involved in the assault and battery, nor that one was possessed by the defendant at the time of the other offenses to which he tendered a plea of guilty.
Id. 346 Pa. Super. at 613, 500 A.2d 117, citing: Commonwealth v. Sojourner, 268 Pa. Super. 472, 408 A.2d 1100 (1978), aff'd as modified on rehearing, 268 Pa. Super. 488, 408 A.2d 1108 (1978).
In the instant case, at Appellant's plea colloquy the following exchange occurred:
Now, Mr. Black, I would like you to tell me in your own words what you ...