Commonwealth v. Schwartz

This appeal raises the question of whether a sentencing judge may utilize information adverse to a defendant, gained ex parte, and not disclosed at the time of sentencing. Although I answer that question in the negative and determine such a practice to be repugnant to a defendant’s due process rights, I would hold that under the facts of this case, the information was not so utilized.

On August 28,1978, appellant, pursuant to a plea bargain wherein he was to receive a probationary term and a fine determined by the court, entered a plea of guilty on four counts each of delivery of quaaludes and…