Commonwealth v. Anderson

WIEAND, Judge:

The principal issue in this.appeal is whether Pa.R.Crim.P. 1410 requires the Commonwealth, as well as a defendant, to file a motion to modify sentence with the sentencing court before obtaining appellate review of a sentence. We hold that the rule does have application to the Commonwealth and that a failure to comply therewith constitutes a waiver of the right to appellate review of the sentence. For this reason, we do not consider substantively the Commonwealth’s contention that the sentence imposed in this case disregarded an applicable guideline without cause and was too…