Commonwealth v. Smith

Full title: Commonwealth v. Smith, Appellant

Court: Superior Court of Pennsylvania

Date published: May 23, 1978

389 A.2d 684 (Pa. Super. Ct. 1978)

389 A.2d 684

Opinion

Submitted June 13, 1977.

May 23, 1978.

Indictment charging defendant with theft by unlawful taking. Before PODCASY, J. Verdict of guilty and judgment of sentence entered. Defendant appealed. Appeal, No. 523, Oct. T., 1977, from Court of Common Pleas of Luzerne County, No. 1683 of 1976. Submitted June 13, 1977.

Peter J. Webby, Assistant Public Defender, for appellant; Thomas J. Glenn, Jr., Assistant District Attorney, and Patrick J. Toole, Jr., District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM:

Judgment of sentence vacated, and case remanded for resentencing. The sentencing judge is to file a statement of reasons for the sentence imposed. Commonwealth v. Kostka, 475 Pa. 85, 379 A.2d 884 (1977); Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977); Commonwealth v. Wertz, 252 Pa. Super. 584, 384 A.2d 933 (1978).

PRICE, J., dissented.

WATKINS, former P.J., did not participate in the consideration or decision of this case.