Commonwealth v. Brown

CIRILLO, Judge:

This is a Commonwealth appeal from a judgment of sentence entered in the Court of Common Pleas of Philadelphia. We vacate and remand for resentencing.

Darryl Brown was convicted of aggravated assault and possession of an instrument of crime. 18 Pa.C.S. §§ 2702(a)(1); 907. On January 10, 1989, Brown stabbed his former girlfriend ten times with a dry-wall saw. At the time of the attack the victim was seven months pregnant with Brown’s child. Brown entered a guilty plea to both charges.

At sentencing, the court refused to apply the deadly weapon enhancement of the Sentencing…