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COMMONWEALTH PENNSYLVANIA v. DANIEL RIVERA (05/04/87)

submitted: May 4, 1987.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
DANIEL RIVERA, SR., APPELLANT



Appeal from the Judgment of Sentence of December 11, 1986, in the Court of Common Pleas of Northampton County, Criminal No. 1803-1986.

COUNSEL

Michael A. Filingo, Bangor, for appellant.

John L. Obrecht, Assistant District Attorney, Northampton, for Com., appellee.

Wieand, Olszewski and Hoffman, JJ. Hoffman, J., files a concurring opinion. Wieand, J., files a dissenting opinion.

Author: Olszewski

[ 365 Pa. Super. Page 362]

This is an appeal from the judgment of sentence entered following appellant's plea of guilty to a charge of delivery of heroin. The sole question before us is whether the trial court abused its discretion by failing to consider the alternatives to incarceration. We conclude that this appeal has not been properly presented, and consequently, must be dismissed.

[ 365 Pa. Super. Page 363]

Where a party appeals a discretionary aspect of the sentence, the brief must set forth a substantial question regarding the appropriateness of the sentence and, in a separate section, a "concise statement of the reasons relied upon for allowance of appeal." Commonwealth v. Tuladziecki, 513 Pa. 508, 511, 522 A.2d 17, 18 (1987), citing, Pa.R.App.P. 2116(b) and 2119(f). As in Tuladziecki, appellant's brief fails to satisfy the procedural requirement of Rule 2119(f). Therefore, in accordance with Tuladziecki, the appeal is dismissed.*fn1

Appeal dismissed. Judgment of sentence affirmed. Jurisdiction is relinquished.

Disposition

Appeal dismissed. Judgment of sentence affirmed. Jurisdiction is relinquished.

HOFFMAN, Judge, concurring:

In the present posture in which I find this appeal, I am constrained to concur in Judge Olszewski's view that we cannot reach the merits ...


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