Commonwealth v. Carmichael

Supreme Court of Pennsylvania
Commonwealth v. Carmichael, 468 Pa. 501 (Pa. 1976)
364 A.2d 305; 1976 Pa. LEXIS 708
Brien, Eagen, Jones, Manderino, Nix, Pomeroy, Roberts

Commonwealth v. Carmichael

Opinion of the Court

*502OPINION OF THE COURT

PER CURIAM.

In this appeal from a judgment of sentence for voluntary manslaughter appellant contends that the trial court abused its discretion in sentencing him to a term of imprisonment of not less than four and one-half and not more than nine years, and that the sentence should be modified. It is alleged that this abuse of discretion occurred because the court considered material improperly contained in the court-ordered pre-sentence report. We have reviewed the record and conclude that the pre-sentence report did not contain any information which was unfairly prejudicial to the appellant. We are also satisfied that the sentence imposed, which was within the statutory limits for voluntary manslaughter, was not manifestly excessive. See Commonwealth v. Martin, 466 Pa.118, 351 A.2d 650 (1976); ABA Standards Relating to Appellate Review of Sentences, § 3.2 (Approved Draft, 1968).

Judgment of sentence affirmed.

Reference

Full Case Name
COMMONWEALTH of Pennsylvania v. John CARMICHAEL
Cited By
4 cases
Status
Published