Commonwealth v. Salyards

397 A.2d 1211, 263 Pa. Super. 284, 1979 Pa. Super. LEXIS 1849
Superior Court of Pennsylvania·Decided February 15, 1979·No. No. 193·Published

Opinion

WIEAND, Judge:

Arthur Salyards entered a plea of guilty to escape and was sentenced to serve a term of imprisonment of not less than three nor more than seven years. He appeals to this Court on the sole grounds that the trial court abused its discretion by imposing an excessive sentence.

This Court cannot determine whether a sentence is excessive unless we know the reasons for the sentence [286] imposed by the trial court. See: Commonwealth v. Kostka, 475 Pa. 85, 379 A.2d 884 (1977); Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977); Commonwealth v. Fisher, 261 Pa.Super. 82, 395 A.2d 953 (1978); Commonwealth v. Bolyard, 256 Pa.Super. 57, 389 A.2d 598 (1978); Commonwealth v. Wertz, 252 Pa.Super. 584, 384 A.2d 933 (1978). In the instant case, the record reveals that the trial court gave no reasons for the sentence imposed. Without a statement of the reasons for the sentence, there can be no meaningful review. In order to give the trial court an opportunity to articulate the reason or reasons for the sentence, therefore, we will vacate the judgment of sentence and remand for resentencing.

The judgment of sentence is vacated, and the case is remanded for resentencing.

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Commonwealth v. Salyards, 397 A.2d 1211, 263 Pa. Super. 284, 1979 Pa. Super. LEXIS 1849 (Pa. Ct. App. 1979).

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Related

Commonwealth v. Wertz
384 A.2d 933 (Superior Court of Pennsylvania, 1978)
Commonwealth v. Kostka
379 A.2d 884 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Fisher
395 A.2d 953 (Superior Court of Pennsylvania, 1978)
Commonwealth v. Riggins
377 A.2d 140 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Bolyard
389 A.2d 598 (Superior Court of Pennsylvania, 1978)