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COMMONWEALTH PENNSYLVANIA v. TERRY LEE MAUTE (05/08/87)

SUPERIOR COURT OF PENNSYLVANIA


filed: May 8, 1987.

COMMONWEALTH OF PENNSYLVANIA
v.
TERRY LEE MAUTE, APPELLANT

Appeal from Judgment of Sentence August 22, 1985 in the Court of Common Pleas of Chester County, Criminal No. 2450-51-82, 715-83, 982-83.

Cavanaugh, Olszewski and Montemuro, JJ.

JUDGMENT ORDER

Judgment of sentence vacated and case remanded for resentencing. Jurisdiction is not retained.

Although the court stated its reasons for the sentence imposed, the record fails to show that the court was aware of and gave consideration to the sentencing guidelines in going beyond those guidelines. "At the minimum, the court must indicate that it understands the sentencing guideline range, in those cases in which the court deviates from the guidelines." Commonwealth v. Roger, 328 Pa. Super. 60, 70, 476 A.2d 453, 458 (1984). See generally, Commonwealth v. Tuladziecki, No. 26 W.D. 1986, Slip op. at 6. (Pa., March 10, 1987) (dictum).*fn1 We, therefore, decline to pass on the merits of appellant's challenge.


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