COM. v. SMART


527 Pa. 405 (1991)

592 A.2d 683

COMMONWEALTH of Pennsylvania, Appellant, v. Quinterio SMART, Appellee.

Supreme Court of Pennsylvania.

Decided July 15, 1991.


Attorney(s) appearing for the Case

H. Stanley Rebert, Dist. Atty., for appellant.

Thomas L. Kearney, Asst. Public Defender, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


ORDER

PER CURIAM.

This appeal is dismissed as having been improvidently granted.

LARSEN, J., files a dissenting opinion in which McDERMOTT, J., joins.

LARSEN, Justice, dissenting.

I dissent. The issue raised by this appeal is whether the Superior Court exceeded its scope of appellate review by substituting its discretion for the discretion properly exercised by the trial court in imposing a lawful sentence. The majority, by finding...

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