Commonwealth v. Smith

OPINION OF THE COURT

FLAHERTY, Justice.1

Appellant, Sandra Smith, appeals from a memorandum decision of the Superior Court which vacated a judgment of sentence entered by the Court of Common Pleas of Philadelphia County and remanded for resentencing. Because the Superior Court erred in its application of our holding in Commonwealth v. Bethea, 474 Pa. 571, 379 A.2d 102 (1977), we reverse.

In a non-jury trial, appellant was convicted of murder of the third degree and possession of an instrument of crime. At sentencing, the trial court, applying the sentencing guidelines, calculated the mitigated…