Commonwealth v. Knighton

OPINION OF THE COURT

ROBERTS, Justice.

Following conviction by jury for burglary and theft, and denial of post-verdict motions, appellant Sidney Knighton was sentenced on June 10, 1976 to a prison term of two and one-half to five years. The Superior Court affirmed, with two judges dissenting. 1 On this appeal, appellant contends that his sentence was illegally imposed in violation of Pa.R. Crim.P. 1405(a). We agree and accordingly vacate judgment of sentence and remand for resentencing.

Rule 1405 requires in relevant part:

“At the time of sentencing, the judge shall:(a) afford the defendant the…