Superior Court of Pennsylvania, 1968

Commonwealth v. Duff

Commonwealth v. Duff
Superior Court of Pennsylvania · Decided November 14, 1968 · Hannum, Hoffman, Jacobs, Montgomery, Spaulding, Watkins, Weight
213 Pa. Super. 248; 247 A.2d 480; 1968 Pa. Super. LEXIS 750

Commonwealth v. Duff

Opinion of the Court

Opinion

Per Curiam,

Judgment of sentence affirmed.

Dissenting Opinion

Dissenting Opinion by

Hoffman, J.:

On April 5, 1968, appellant was sentenced to imprisonment for not less than 1 y2 nor more than 6 years.

Just before imposing sentence, the court said:

“While I am not taking into account the charges that are presently lodged against them (the defend*249ants), I can’t close my eyes to the fact that there are outstanding charges.” (N.T. 17)

The ambiguity of this statement is apparent. Inferentially, there is reason to believe that the court did give some weight to the outstanding indictments. This was clearly error.

Accordingly, I would remand this case to the court below for resentencing.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.