Commonwealth v. Schwartz

275 Pa. Superior Ct. 112 (1980)

418 A.2d 637

COMMONWEALTH of Pennsylvania

v.

William SCHWARTZ, Appellant.

Superior Court of Pennsylvania.

Argued March 19, 1979.

Filed February 1, 1980.

Alan Ellis, State College, for appellant.

Thomas F. Meehan, III, Assistant District Attorney, Bellefonte, for Commonwealth, appellee.

Before PRICE, SPAETH and LIPEZ, JJ.

SPAETH, Judge:

We agree with Part I of the dissenting opinion, which holds that any ex parte information received by a judge before sentencing should be disclosed to a defendant so that he may have an opportunity to examine it and dispute its accuracy. We…