Commonwealth v. Butch

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Park Irvine Butch contends, and the record reveals, that his sentence of “total confinement” was imposed without due consideration for this Commonwealth’s *32statutory sentencing guidelines.1 We therefore vacate judgment of sentence and remand for resentencing. See Commonwealth v. Kostka, 475 Pa. 85, 379 A.2d 884 (1977).

Appellant was convicted by a jury on May 29, 1975 of delivering marijuana (approximately one ounce) in violation of the Controlled Substance, Drug, Device and Cosmetic Act.2 On March 5, 1976, the court sentenced him to serve a prison…