Commonwealth v. Leverette

OPINION BY

POPOVICH, J.:

¶ 1 Appellant Otis Leverette, III, appeals from the judgment of sentence entered on April 2, 2004, in the Court of Common Pleas, Montgomery County, sen tencing him to twenty-five to fifty years in a state correctional institution. Upon review, we vacate the judgment of sentence and remand this matter to the trial court for resentencing consistent with this opinion. Additionally, we dismiss without prejudice Appellant’s claim of ineffective assistance of counsel to be raised on collateral review.

¶ 2 The trial court aptly stated the facts as follows:

On May 22, 2003,…