concurring.
While I agree with the result Mr. Justice Flaherty reaches, I must write separately to emphasize the reasons for my decision. It is clear that under the sentencing code a “severe reprimand” falls within the “guilt without penalty” provision. See 18 Pa.C.S. § 1321(a)(2). Thus, the sentence imposed constitutes a final appealable order. On the merits I believe that appellant’s conduct at the suppression hearing did not rise to the level of direct criminal contempt. 42 Pa.C.S. § 4131(3). This conduct in no way constituted obstruction of the orderly administration of justice. See In re Cogan, 485 Pa. 273, 401 A.2d 1142 (1979); Commonwealth v. Garrison, 478 Pa. 356, 386 A.2d 971 (1978) (plurality opinion). Accordingly, I agree that the evidence of record is insufficient to support the conviction and that appellant must be discharged.
O’BRIEN and KAUFFMAN, JJ., join this opinion.