Commonwealth v. Maleno

TAMILIA, Judge:

The crux of this case is the assignment of a correct prior record score to a conviction under a (prior) statute which did not contain variations in grading for the offense in question. Inextricably involved in this issue is the extent to which the court is bound by criminal record information contained in a presentence report.

Appellant entered an open plea of guilty to simple/aggravated assault for his apparently unprovoked attack with a baseball bat upon his paramour’s father. The assault produced a skull fracture, and ultimately, permanent brain damage. The sentence imposed…