Commonwealth v. Jerry

ROWLEY, Judge,

concurring and dissenting:

I join in the opinion of the Court. However, I respectfully dissent from the decision to remand this case for resentencing.

Appellant has not raised, in his statement of questions involved, an issue concerning his sentence or the sentence proceeding. Pa.R.A.P. 2116 is “in the highest degree mandatory,” and we should not consider issues that have not been raised by the appellant in his statement of questions involved. Moreover, even if the issue was properly before us, rather than remand for resentencing I would direct that a supplemental record consisting of the sentencing transcript be certified and transmitted to this Court pursuant to Pa.R.A.P. 1926. However, since the issue has not been raised, I would affirm the judgment of sentence.