Commonwealth v. Smithton

KELLY, Judge.

In this opinion we are called upon to determine whether a trial court’s consideration during sentencing of the testimony of alleged victims of crimes for which the defendant was acquitted constitutes reversible error. We hold that it does and vacate and remand for a new sentencing hearing.

The relevant facts and procedural history were set forth in the Commonwealth’s brief as follows:

Appellant was charged by information in three related cases which were consolidated for trial. On September 1, 1992, appellant was tried before a jury and found guilty of Bisorderly Conduct 1 at…