Commonwealth v. Brown

OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellant, David Brown, appeals from the judgment of sentence entered on April 15, 2004. We reverse.

¶ 2 The trial court stated the factual and procedural history as follows:

On June 21, 2003, the defendant, David Brown, was arrested and charged with Attempted Burglary, Attempted Theft by Unlawful Taking and Criminal Trespass. On February 2, 2004, the defendant waived his right to a jury trial and this court heard his trial. The defendant was found guilty of Attempted Burglary and was sentenced on April 15, 2004 to 40 to 80 months incarceration, followed by three…