COM. v. STUFFLET


322 Pa.Super. 176 (1983)

469 A.2d 240

COMMONWEALTH of Pennsylvania v. Daniel T. STUFFLET, Appellant.

Supreme Court of Pennsylvania.

Filed December 16, 1983.


Attorney(s) appearing for the Case

Michael R. Muth, Public Defender, Stroudsburg, for appellant.

Elmer D. Christine, Jr., Assistant District Attorney, Stroudsburg, for Commonwealth, appellee.

Before SPAETH, President Judge, and HESTER and LIPEZ, JJ.


SPAETH, President Judge:

This is an appeal from a judgment of sentence. Appellant argues that the sentencing judge in imposing the sentence considered information that was irrelevant. We agree, and therefore vacate the sentence and remand for resentencing.

On December 27, 1978, appellant was sentenced to a term of 3 1/2 to 7 years in prison for robbery. He had also been convicted of burglary and recklessly endangering another person, but sentence was suspended...

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