Commonwealth v. Tomasso

OPINION OF THE COURT

Our review of this record reveals that the three issues presented by the Commonwealth, which a majority of *346the Superior Court panel, 311 Pa.Super. 103, 457 A.2d 514, failed to consider on grounds of waiver, were sufficiently presented to the sentencing judge in a timely manner. See Commonwealth v. Walls, 481 Pa. 1, 391 A.2d 1064 (1978) (sentence properly challenged if the propriety of the sentence is raised either at the sentencing hearing or in a motion to modify sentence). However, the assertions in the briefs and record that the sentence was based in part on factual…