dissenting.
I agree with much of the majority’s opinion. Indeed, I agree that Coss was denied effective assistance of counsel during his 1986 trial for simple assault, and that his subsequent conviction on that charge is constitutionally infirm as a result. I part company with the majority over the question of whether the challenged sentence “might have been different if the sentencing judge had known that at least [some] of the respondent’s prior convictions had been unconstitutionally obtained.” United States v. Tucker, 404 U.S. 443, 448, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972). On this record, I have no doubt that the sentencing judge would have imposed exactly the same sentence had he known Coss’ 1986 conviction for simple assault was constitutionally infirm. Therefore, I respectfully dissent from that portion of the majority’s opinion holding that Coss is entitled to habeas relief. Because I conclude that no relief is due, I express no view on the propriety of the majority’s remedy.
This is at least the third time that Coss has asked a court to review the sentence arising from his 1990 conviction for simple and aggravated assault. The first time, the Pennsylvania Superior Court “vacated the sentence because it was not clear that the presentence report was accurate” and remanded the case for resentencing. See Commonwealth v. Coss, 695 A.2d 831, 833 (Pa.Super.1997) (mem) (citing Commonwealth v. Coss, 449 Pa.Super. 718, 674 A.2d 313 (1995)).
At his resentencing hearing, Coss challenged both the gravity assigned to his aggravated assault conviction, and its enhancement based on his criminal record. See id. The sentencing court agreed that his three misdemeanor convictions in 1986 all arose from the same action and, accordingly, reduced his prior record score from 3 to 2. See id. The effect of the adjust*468ment was to eliminate the 1986 convictions from Coss’ prior record score entirely. The post-adjustment score of 2 was based solely on Coss’ 1985 adjudication of delinquency. See id. at 835. Despite making the adjustment, however, the court resen-tenced Coss to the same six-to-twelve-year sentence it had originally imposed. That sentence remained within the standard range provided by the state sentencing guidelines even after the prior record adjustment, and the court found no reason for a downward departure. See id. at 833-34.
In resentencing Coss to the same sentence it had originally imposed, the sentencing court considered a number of different factors. In explaining the sentence for the record, the court informed Coss that:
in passing sentence on you I’ve taken into consideration the presentence investigation report, and I’ve deleted therefrom all the remarks through the matter brought to my attention by [defense counsel] and I will not consider those matters.
I’ve taken into consideration the statements by [defense counsel] and the seriousness and nature of the crime involved here, the well being and protection of the people who live in our community, your prior criminal record, the possibility of your rehabilitation, and the testimony that I’ve heard. I was the trial judge, and I take into consideration the testimony from the trial.
Sentencing Transcript of 03/27/1996 at 4-5, reproduced in Supp.App. at 243-44.
I would not deny Coss the relief he seeks merely because his prior criminal record was only one of many factors on which the sentencing court based its decision. Instead, I would deny relief because his 1986 simple assault conviction is such a minor component of that record that there is no question that the sentencing court, given its concerns, would have imposed exactly the same sentence in any event.
Given the nature of Coss’ appeal, it is certainly understandable that the focus of attention has been on the challenged 1986 conviction for simple assault. But I take a broader view and include the extensive criminal record that Coss has managed to compile. It starts with a 1980 arrest, when Coss was 11 years old, for recklessly endangering another person. See Presen-tence Investigation Report at 4, reproduced in Supp.App. at 258. Thereafter, Coss was adjudicated delinquent on five separate occasions (when he was 12, 13, 15 and 16 years old) for, respectively: (1) theft and receiving stolen property; (2) disorderly conduct and resisting arrest; (3) simple assault; (4). yet another simple assault; and (5) burglary. See id.
As an adult, Coss has been convicted on the aggravated and simple assault charges for which he is currently imprisoned. In separate incidents, he has pleaded guilty to disorderly conduct after being charged with that offense, as well as with hindering apprehension, in 1989. He also pleaded guilty to possession of a controlled substance in 1992 after being charged with that offense, and with reckless endangerment in 1991.
In addition, Coss’ record at the time of sentencing included:1
(1) a 1986 arrest for making terroristic threats;
(2) a 1988 arrest for aggravated assault and simple assault;
*469(3) a 1988 arrest for delivery of a controlled substance (heroin);
(4) a 1989 arrest for aggravated assault, simple assault, recklessly endangering another person and disorderly conduct;
(5) another 1989 arrest for aggravated and simple assault;
(6) yet another 1989 arrest for simple assault as well as for making terror-istic threats;
(7) a 1990 arrest for simple assault and retail theft; and
(8) a 1990 arrest for retail theft and criminal conspiracy;
See id. at 5-7.
The 1996 sentencing court was intimately familiar with Coss, with the charges on which he had been convicted, and with his criminal record. It had the opportunity to hear the evidence against Coss at trial. It had the opportunity to hear from Coss at sentencing. See Sentencing Transcript of 04/28/1993 at 4-5, reproduced in Supp. .App. at 199-200. Most importantly, it had the relatively rare opportunity to reconsider its decision when the original sentence was vacated on appeal. Yet, the court chose to impose the same sentence it had initially imposed, finding “no reason” for a reduction. See Sentencing Transcript of 03/27/1996 at 26, reproduced in Supp.App. at 244.
In finding no reason to reduce Coss’ sentence, the court found it “indicative from [Coss’] actions” that he would “continue to break the law.” Id. Given the extensive and often violent nature of Coss’ criminal record, I find it impossible to conclude that the sentencing court’s concerns for “the well being of the people who live in our community” and the “possibility for [Coss’] rehabilitation” would have been allayed by the omission of his 1986 conviction for simple assault from his criminal record. Because I am certain that the sentencing court would not have sentenced Coss differently had it known that one conviction was constitutionally infirm, I respectfully dissent from the majority’s conclusion to the contrary.
Judge Roth joins in this dissenting opinion.
. Under Pennsylvania law, a sentencing court may consider prior arrests in an offender’s record, that did not result in convictions, "so long as the court realizes that the defendant had not been convicted on those prior charges,” and does not give them "undue weight.” See Commonwealth v. Craft, 304 Pa.Super. 494, 450 A.2d 1021, 1024 (1982) (citing Commonwealth v. Straw, 238 Pa.Super. 535, 361 A.2d 427 (1976); Commonwealth v. Tisdale, 233 Pa.Super. 77, 334 A.2d 722 (1975); Commonwealth v. Shoemaker, 226 Pa.Super. 203, 313 A.2d 342 (1973), aff'd 462 Pa. 342, 341 A.2d 111 (1975)); see also Commonwealth v. Allen, 340 Pa.Super. 189, 489 A.2d 906, 912 n. 4 (1985).