Commonwealth v. Fields

OPINION OF THE COURT

A jury convicted petitioner of burglary and conspiracy. The Superior Court, holding that both of petitioner’s assignments of error had been waived, affirmed (Spaeth, J., joined by Cercone, J., dissenting). The only issue petitioner presents is whether he waived objections to the sentencing court’s alleged consideration of arrests not resulting in convictions. See Commonwealth ex rel. Townsend v. Burke, 361 Pa. 35, 63 A.2d 77 (1949); cf. United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972) (sentencing court may not consider constitutionally invalid…