Commonwealth v. Foster

Opinion by

Cercone, J.,

On August 10,1972, the appellant appeared for trial upon indictments charging burglary, aggravated robbery and assault with intent to Mil. After a jury waiver colloquy and the taMng of testimony, the court found the appellant not guilty of aggravated robbery, but guilty of burglary and assault with intent to kill.

Thereafter the court and counsel discussed sentencing. At one point during the discussion the court announced that it was going to sentence the appellant to concurrent three to five year terras. Later, when defense counsel requested a presentence investigation,…