Commonwealth v. Stufflet

SPAETH, President Judge:

This is an appeal from a judgment of sentence. Appellant argues that the sentencing judge in imposing the sentence considered information that was irrelevant. We agree, and therefore vacate the sentence and remand for resentencing.

On December 27, 1978, appellant was sentenced to a term of 3V2 to 7 years in prison for robbery. He had also been convicted of burglary and recklessly endangering another person, but sentence was suspended on those convictions. An appeal was filed challenging the sentencing proceedings. 1 Appellant claimed that the trial court had failed to…