Commonwealth v. Sims

EAKIN, Judge.

¶ 1 This appeal by the Commonwealth contends the trial court abused its discretion in departing from the applicable guidelines when sentencing appellee Michael Sims, following his plea of guilty to two eounts of simple assault. We vacate the judgment of sentence and remand for resentencing.

¶2 On June 16, 1997, while visiting the home of his girlfriend Donna Yates and her daughters, appellee became angry with Ms. Yates, claiming she did not spend enough time with him. Ms. Yates told appellee she did not wish to spend time with him because he was mean, and she had laundry to do.…