Commonwealth v. Skinner
Commonwealth v. Skinner
Opinion of the Court
Appellant pled guilty to criminal attempt, 18 Pa.C.S. § 901, for taking part in an attempted theft of railroad equipment valued at approximately $400 from the Pittsburgh & Lake Erie Railroad. The court sentenced appellant to serve one to two years in prison, and to pay the costs of prosecution, a $400 fine and $400 in restitution to the railroad costs of reinstalling the equipment. The only issue raised in this appeal is the propriety of the sentence of total confinement for one to two years. We vacate the judgment of sentence and remand for resentencing.
The record of appellant’s two sentencing hearings contains no statement of any reasons for the sentence, and no indication whatsoever that the court followed the statutory sentencing guidelines, 18 Pa.C.S. §§ 1321 et seq. (Supp. 1979-80), despite the fact that appellant’s counsel pointed out extensive evidence in the pre-sentence report strongly indicating that a probationary sentence would be appropriate under 18 Pa.C.S. § 1322. Furthermore, the sentencing judge made no finding of any of the factors justifying a sentence of total confinement under 18 Pa.C.S. § 1325 (Supp. 1979-80). Our Supreme Court’s unanimous decision in Commonwealth v. Butch, 487 Pa. 30, 33 & n.6, 407 A.2d 1302, 1304 & n.6 (1979), leaves no doubt that a sentencing court must state the reasons for a sentence on the record, and those reasons must indicate that the statutory sentencing guidelines were followed.
. This case is a striking illustration of the need to follow the statutory guidelines and to articulate the reasons for the sentence. The record indicates that the defendant was married (with two children), steadily employed (with excellent recommendations from his employer), and had no previous record. The district attorney had offered to recommend for A.R.D. if the defendant identified the other person involved in the attempted theft. Defendant denied knowing him by name, though he stated that he could identify him if he saw him. All these factors would seem to have weighed in favor of probation. 18 Pa.C.S. § 1322 (Supp. 1979-80).
“The sentence must be imposed for the minimum amount of confinement that is consistent with the protection of the public, the gravity of the offense, and the rehabilitative needs of the defendant. See 18 Pa.C.S. § 1321(b) (Supp. 1975). At least two factors are crucial to such determination — the particular circumstances of the offense and the character of the defendant.” Commonwealth v. Martin, 466 Pa. 118, 133, 351 A.2d 650, 658 (1976).
Concurring Opinion
concurring:
I agree with the majority that this appeal presents a situation in which the sentencing procedure is inadequate and improper, requiring that we vacate the judgment of sentence and remand for resenting. I write this concurrence solely to point out that upon remand the judgment of sentence need not be probation. The majority, in footnote 1 (Maj. op. at 709), implies to my way of thinking, that they favor probation. I wish to express no preference or decision as to the proper sentence.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Charles D. SKINNER, Appellant
- Cited By
- 7 cases
- Status
- Published