Commonwealth v. Anderson

KELLY, Judge:

In this opinion we are called upon to determine whether a defendant retains a right of allocution at a reconsideration of sentence hearing. 1 We find that where, as here, the original sentence is vacated prior to the reconsideration hearing, criminal defendants do have such a right, and that because appellant was not provided with an opportunity to personally address the court, his sentence is invalid. Accordingly, we vacate his sentence and remand for resentencing.

The facts and procedural history may be summarized as follows. On August 18, 1990, appellant stabbed Gregory Bivings…