Commonwealth v. Hartz

CIRILLO, President Judge,

concurring:

I concur in the majority’s decision not to disturb the judgment of sentence of sixteen to thirty-six months’ im*273prisonment imposed on appellant for unlawful restraint and related crimes. However, I write separately to register my disagreement with the dictum in the majority opinion, and the statements in the dissenting opinion, that appellant has preserved his constitutional challenges to the deadly weapon enhancement provision of the Sentencing Guidelines, 204 Pa.Code § 303.4, reprinted in 42 Pa.C.S.A. § 9721 note (1982), despite his failure to include them…