Commonwealth v. Rizzo

WIEAND, Judge:

On February 6, 1986, Anthony James Rizzo was found guilty of one count of aggravated assault 1 and one count of terroristic threats. 2 The conviction resulted from an incident on July 23, 1985 in which Rizzo had punched a 70 year old man, causing the elderly gentleman to fall to the ground and break his hip, after which Rizzo had kicked the fallen man in the ribs, slapped his face and threatened to kill him. At the sentencing hearing on March 21, 1986, the Commonwealth contended that Section 9717 of the Sentencing Code was applicable and mandated that Rizzo be sentenced to a…