Legal Opinion · Dissent

Commonwealth v. Rooney

Superior Court of Pennsylvania

Decided March 5, 1982No. 1988Published

1DissentSpaeth, Judge

I find myself unable to agree with the majority that the lower court has adequately stated its reasons for the sen*297tence imposed. I should therefore vacate the sentence and remand for resentencing.

I acknowledge the majority’s full and careful statement of the cases defining the sentencing judge’s responsibilities. On another occasion I tried to summarize those responsibilities, and it may be useful to refer to that summary now:

The first responsibility of the sentencing judge is a fact-finding responsibility; the judge must be sure that he has before him “sufficient information to enable him to…

2Cases cited5 opinions

  1. Commonwealth v. WicksSuperior Court of Pennsylvania · 1979
  2. Commonwealth v. DoyleSuperior Court of Pennsylvania · 1979
  3. Commonwealth v. FarrarSuperior Court of Pennsylvania · 1979
  4. Commonwealth v. KostkaSuperior Court of Pennsylvania · 1980
  5. Rest Haven, Chestnut Hill, Inc. v. Commonwealth Board of Finance & RevenueSupreme Court of Pennsylvania · 1980

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