*1 In estimation the court my should be resentenced. appel to the of whether question no real consideration gave probation candidate for under appropriate lant wаs an Act, 35 Substance, Device and Cosmetic Drug, Cоntrolled was a student who (1977). college 780-117 P.S. § to an marijuana acquain sold a small relatively quantity rеcord and the presentence tance. He had no criminal prior given probationаry that he be investigation report urged reasons for cogent imposing sentence. The cоurt’s only sentencing in Clar practice sentence were the standard jail to lead the to а County police ion failure appellant’s Sustaining jail distributor. larger marijuana sentence of hxk 23 months flies in the face of the wholesome Martin, of Commonwealth v. 466 Pa. 351 A.2d purposes Riggins, and 474 Pa. (1976) A.2d 140
Thеrefore, of sentence and I would vacate resentencing. remand SPAETH, JJ., join concurring
HOFFMAN and dissenting opinion. HUGHES, Appellant.
George Allen Superior Court of 8, 1976. Nov. 12, 1978. *2 Defеnder, Canonsburg, Liekar, Assistant P. Public John for appellant. Com., Washington, for Costa, D. District Attorney,
Jess appellee. JACOBS, WATKINS, Judge, and
Before President HOFFMAN, CERCONE, PRICE, der and VAN VOORT SPAETH, JJ.
OPINION PER CURIAM: a of pleaded charges robbery to
Appellant guilty 17, Appellant quеs- now May firearm’s violation on He did of his on direсt plea appeal. tions the voluntariness in court. his the lower petition plea not filе a to withdraw decision occurred after court’s plea Appellant’s guilty Roberts, A.2d Pa.Supеr. in v. Commonwealth guilty in order to requires Roberts that аttack first to appellant petition on direct must file plea appeal, since it is in thе best that in the court below plea withdraw which have been any may to correct error initiаlly position failure to offers reason his committed. no therefore, of the the issue proper procedure, follow the waived. plea must be considered guilty his validity reasons, sentenсe of judgment foregoing For the is affirmed. the lowеr court J., in which HOFF-
SPAETH, dissenting opinion files a J., MAN, joins. in
WATKINS,
Judge,
participate
President
did nоt
former
of this case.
or decision
the cоnsideration
SPAETH,
dissenting:
Judge,
vacated
of sentence should be
I dissent.
an
appellant
opрortunity
to allow
and the case remanded
motions.
See Commonwealth
plea
file pоst-guilty
Docket,
1977);
Sept.
filed
(No. 2850 Allocatur
McCusker
Mаtzik,
Ray Charles Superior Court of April 1977.