Commonwealth v. Shoemaker

Supreme Court of Pennsylvania
Commonwealth v. Shoemaker, 341 A.2d 111 (Pa. 1975)
462 Pa. 342; 1975 Pa. LEXIS 889
Jones, Eagen, O'Brien, Roberts, Pomeroy, Manderino, Nix

Commonwealth v. Shoemaker

Opinion

OPINION OF THE COURT

PER CURIAM:

We granted appellant’s petition for allowance of appeal from the order of the Superior Court to determine whether, under the procedure established by the Act of December 22, 1965, P.L. 1187, § 1, 19 P.S. § 890 (Supp. 1974), a sentencing court may, in imposing sentence, consider a defendant’s arrest record which does not indicate the disposition resulting from the arrests. Our review of the record, however, discloses that this issue was not preserved for appellate review by a timely objection *344 in the sentencing court. We will not, therefore, consider appellant’s claim. See, e. g., Commonwealth v. Blair, 460 Pa. 31, 36 n. 3, 331 A.2d 213, 215 n. 3 (1975); Commonwealth v. Powell, 459 Pa. 253, 261, 328 A.2d 507, 511 (1974); Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974). On this record the order of the Superior Court must be affirmed.

Order affirmed.

NIX, J., did not participate in the consideration or decision of this case.

Reference

Full Case Name
COMMONWEALTH of Pennsylvania v. Roger SHOEMAKER, Appellant
Cited By
37 cases
Status
Published