Commonwealth v. Smart

BROSKY, Judge.

This is an appeal from a judgment of sentence imposed upon appellant after he was convicted of burglary but acquitted on charges of robbery, two counts of rape and involuntary deviate sexual intercourse. Appellant raises one issue for our consideration: whether the sentencing court abused its discretion by imposing a sentence which was too severe and excessive under the circumstances. *521Upon considerable reflection and consideration of all arguments and considerations, we vacate the judgment of sentence and remand for resentencing.

Appellant participated in the burglary of a home…