COM. v. SMITHTON


429 Pa.Super. 55 (1993)

631 A.2d 1053

COMMONWEALTH of Pennsylvania v. James Walton SMITHTON, Appellant.

Superior Court of Pennsylvania.

Filed September 29, 1993.


Attorney(s) appearing for the Case

Gary L. Dorsett, Asst. Public Defender, Reading, for appellant.

Carolyn L. Darringer, Asst. Dist. Atty., Reading, for Com., appellee.

Before McEWEN, KELLY and CERCONE, JJ.


KELLY, Judge.

In this opinion we are called upon to determine whether a trial court's consideration during sentencing of the testimony of alleged victims of crimes for which the defendant was acquitted constitutes reversible error. We hold that it does and vacate and remand for a new sentencing hearing.

The relevant facts and procedural history were set forth in the Commonwealth's brief as follows:

Appellant was charged by information in three related...

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