concurring:
I join in Parts I and II of the majority opinion. I agree that the judgment of sentence should be affirmed and that the single issue raised by the Commonwealth on this appeal is without merit.
I take no position with respect to Part III of the majority opinion, which deals with the constitutionality of Section 303.4(a) of the Sentencing Guidelines, since this issue was not included as part of the question to be decided on the original appeal and its resolution, in my view, is better postponed to await an appropriate future case. Cf. Sladkin v. Greene, 359 Pa. 528, 59 A.2d 105 (1948); Burns v. Unemployment Compensation Board of Review, 164 Pa. Super. 470, 65 A.2d 445 (1949).
CAVANAUGH, J., joins.