COM. v. MALENO


348 Pa.Super. 426 (1985)

502 A.2d 617

COMMONWEALTH of Pennsylvania, Appellant, v. James A. MALENO.

Supreme Court of Pennsylvania.

Filed December 13, 1985.


Attorney(s) appearing for the Case

Eric B. Henson, Deputy District Attorney, Philadelphia, for Com., appellant.

John Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellee.

Before CIRILLO, TAMILIA and MONTGOMERY, JJ.


TAMILIA, Judge:

The crux of this case is the assignment of a correct prior record score to a conviction under a (prior) statute which did not contain variations in grading for the offense in question. Inextricably involved in this issue is the extent to which the court is bound by criminal record information contained in a presentence report.

Appellant entered an open plea of guilty to simple/aggravated assault for his apparently unprovoked attack with a baseball...

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