Commonwealth v. Lyons

MONTEMURO, Judge:

Appellant Stephen M. Lyons challenges the judgment of sentence entered against him by the Lycoming County Court of Common Pleas. The question before us is whether the court, in sentencing appellant on a misdemeanor conviction, transgressed the Juvenile Act, 42 Pa. C.S.A. § 6301 et seq., by using appellant’s juvenile record to justify a term of imprisonment within the “aggravated minimum range.” Because we find that the sentencing court acted improperly, we reverse and remand for resentencing.

Appellant pled guilty on December 5, 1985, to charges of theft by unlawful taking 1…