Commonwealth v. Rosario

The majority holds that even after a guilty plea has been accepted by a court following a determination that a factual basis exists therefor, the court may subsequently reject the guilty plea sua sponte because of information contained in a pre-sentence report. Because I believe this is contrary to the terms of 18 Pa.C.S. §§ 109 and 110, I must respectfully dissent from this part of the majority’s decision.

On the evening of December 6, 1990, the appellant, Agustín Rosario, and his sister, Nancy Rosario, met Maurice Scott, a gentleman of seventy years, at Stanley’s Cafe, a bar in Lancaster…