dissenting:
I must dissent. Appellant was placed in jeopardy twice when the court revoked the initial sentence imposed on the probation violation and subsequently imposed a harsher sentence as a direct result of appellant’s criticism (i.e., “You know, you are just making a mockery out of justice”,) to the court; therefore, the additional period of incarceration should be vacated.
The majority concludes that the court imposed only one sentence, the sentence of three years was imposed orally and was without legal effect. This writer cannot agree. Taking *389the prosecution’s argument to its logical extension would create a per se rule in which no double jeopardy violation could ever occur where an orally imposed sentence had been increased. This Court rejected such a suggestion in Commonwealth v. Foster, 229 Pa.Super. 269, 272 n. 4, 324 A.2d 538, 540 n. 4 (1974). In Foster, we said:
“Of course, the facts of this case do not pose a situation where the sentencing court orally pronounced a sentence in the presence of the defendant and subsequently, some time after the hearing, entered a more severe sentence on the record. This situation is much closer to the facts of Silverman, and is one with which we are not concerned here.” (emphasis added.)
To begin with, an appellate court’s review of the legality of a sentence is not limited to the language contained in the docketed order. See Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977). That sentence also must be imposed in accordance with certain guidelines. See 42 Pa.C.S.A. §§ 9721 and 9725, Pa.R.Crim.P. 1401 et seq., and Id. One of the most basic requirements is that the “trial court . . . state on the record, the reasons for the sentence imposed”, Id., 474 Pa. at 133 n. 24, 377 A.2d at 149 n. 24, because:
“[w]ithout a statement of reasons on the record, it is difficult to perceive how an appellate court can discern whether the trial court has exercised its discretion ‘within certain procedural limits including the consideration of sufficient and accurate information.’ ” Id., 474 Pa. at 133 n. 24, 377 A.2d at 149 n. 24 (emphasis added).
Thus, contrary to the majority’s statement of the law, an appellate court is not restricted to an examination of the judgment of sentence inserted on the docket entries as we must examine the record to determine if that sentence was set within established guidelines.
Our Supreme Court rejected that notion in Commonwealth v. Riggins, supra. In Riggins, the Court said:
“Eminent and wise judges have warned [ ] against . . . [requiring a statement of reasons]. Our judgment, they say, is better than our reasons. And, it is vain to attempt *390to explain the exact proportions attributable to our interest in punishment, retribution, reform, deterrence, even vengeance. But are these arguments valid? For there is a grave danger that a sentencing judge will allow his emotions or other transient factors to sway him. The strongest safeguard is for him to act only after formulating a statement of the considerations which he allows himself to take into account.” (Quoting Wyzanchi, “A Trial Judge’s Freedom and Responsibility, 65 Harv.L.Rev. 1281, 1292 (1952) (Emphasis added).
Id., 474 Pa. at 129, n. 17, 377 A.2d at 147, n. 17.
Upon examining the statement of reasons in the record before us, it is clear that the trial court “allowed his emotions to sway him”, and, thus, when he imposed an additional sentence of six months imprisonment violated the principles set forth in Commonwealth v. Silverman, supra.
In Silverman, the trial court orally imposed a sentence which would have been suspended if the federal authorities committed the defendant to a program for the rehabilitation of narcotics users. Id., 442 Pa. at 213, 275 A.2d at 309. The next day, the trial court said he had “second thoughts” about his actions of the previous day because of a report he had received in the meantime which informed him of other criminal charges currently pending against Silverman. A new sentence then was imposed directing the defendant to serve a definite term of imprisonment. Our Supreme Court reversed the trial court and said that “a modification of a sentence imposed on a criminal defendant which increases the punishment is double jeopardy.” Id., 442 Pa. at 217, 275 A.2d at 311. Similarly, this writer finds that the trial court’s statement, “Well, just a minute. Come back here. I will add a little more time on to it” (N.T. 39), which was made after the court had imposed a sentence of three to seven years is analogous to the “second thoughts” entertained by the trial court in Silverman, and hence, the subsequent modification of that sentence which increased appellant’s sentence to a minimum of three and one half years violated double jeopardy. The fact that the “second *391thoughts” occurred instantaneously, instead of on the next day as did occur in Silverman, does not alter the applicability of the principle previously stated.
Of course, a court may modify a sentence in a proper case. See Pa.R.Crim.P. 1410. However, where a sentence has been increased, “the factual data upon which the increased data is based must be made [a] part of the record, so that the constitutional legitimacy of the increased sentence may be fully reviewed on appeal.” Commonwealth v. Riggins, 474 Pa. at 126, 377 A.2d at 146. (Emphasis added). The factual data in the instant case disclose that the increased sentence of six months was not imposed in error; rather, it was levied for what the court obviously considered to be the contumacious behavior appellant demonstrated when the court imposed his sentence. Because “a sentencing judge should not allow his emotions or other transient factors to sway him,” supra, that portion of the sentence which was imposed as a direct punitive reaction to the verbal affront uttered to the court was constitutionally infirm. The court should not have considered such behavior as a factor in sentencing. Cf. Commonwealth v. Kostka, 276 Pa.Super. 494, 507, 419 A.2d 566, 573 (1980) (where the sentence imposed was invalid where the trial court in his comments based the sentence upon his own belief of the value of retribution); See also 42 Pa.C.S.A. § 9725 for the criteria a court must consider in imposing a sentence of total confinement.1
*392The majority concludes that the court could consider “the fact that [appellant] had no remorse for his crimes and his utter contempt for the legal process.” At 822. While this writer does not take issue with the principle that a defendant’s attitude is a proper factor to .be considered in determining a sentence, that principle is inapplicable where a sentence already has been imposed. A defendant who engages in contemptible behavior in the presence of the court after a sentence already has been imposed can be held in contempt; however, that is a separate and distinct legal proceeding which the sentencing court here easily could have invoked.2 See Commonwealth v. Rubright, 489 Pa. 356, 414 A.2d 106 (1980).
Additionally, this writer also must reject the prosecution’s implication that because a weighty consideration in a court’s analysis of the double jeopardy issue should be whether a defendant has begun to serve his sentence, a different result would obtain in the instant case because appellant had not *393begun to serve his sentence when the increased sentence was imposed. Such a factor has never been considered to be the only litmus test for determining whether a sentence is infirm. See Commonwealth v. Brown, 455 Pa. 274, 277, 314 A.2d 506, 508 (1974) (where our Supreme Court said “More important for our resolution of the instant case, however, is our decision . . where we held, inter alia, that even an increase in sentence which is merely designed to correct an inadvertent judicial mistake must be scrutinized as carefully as an increase which results from a reconsideration of sentencing factors or from a judicial change of mind.”) (footnote omitted) (emphasis added). Similarly, in the instant case, this writer has scrutinized the record and determined that the increased sentence did not comport with the requirements of this Court.
No one would disagree that sentencing is perhaps the most difficult and soul-searching of all judicial functions. That is precisely the reason that such an important function cannot and should not be discharged impulsively, out of pique or impatience. See footnote 2, infra. Because the record indicates that the instant sentence was imposed precisely for that reason, I must register my dissent.
. In its opinion, the trial court also said “[Ojnly those sentences which are entered upon the records of the Court, however, are controlling. Cf. Com[monwealth] v. Thomas, 219 Pa.Superior Ct. 22, (280 A.2d 651) (1971); Com[monwealth] v. Zelnick, 202 Pa.Superior Ct. 129, [195 A.2d 171] (1964).” Trial Court Opinion at 3.
First of all, the principle enunciated in Thomas is consistent with the result this writer reaches today. In that case, the sentencing judge attempted to “correct” a sentence from a suspended sentence to a term of incarceration of one to three years imprisonment. With this change, the sentence would have conformed with the one orally imposed. This Court disallowed the attempt by the judge to conform the sentence with his “true intention” and relied on the principle of Silverman which voided the “old rule permitting a sentencing judge to increase the sentence within either the term of court or thirty days *392if the term of court terminated prior to the thirty day period in light of Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969).... ” Commonwealth v. Thomas, Id., 219 Pa.Super. at 26, 280 A.2d at 653. (Emphasis added) Thus, the court disallowed the increased sentence even though it said in dictum that “the controlling record is the endorsement of the sentence upon the back of the indictment, signed by the judge.” Commonwealth v. Thomas, Id., 219 Pa.Super. at 28, 280 A.2d at 654.
Secondly, the validity of the Zelnick case would appear to be eroded by Commonwealth v. Silverman, supra, and Commonwealth v. Riggins, supra. In Zelnick, this Court allowed the increase of a sentence because a “court has full power to reconsider the original sentences and to reduce or increase them so long as the term during the original sentence was imposed had not expired,” and also because “it is firmly established that the extent of sentence is a matter within the discretion of the trial judge and will not be disturbed if within statutory limits.” Commonwealth v. Zelnick, 202 Pa.Super. at 131, 195 A.2d at 173. However, since Commonwealth v. Silver-man, supra, and Commonwealth v. Riggins, supra, a court’s authority to sentence a defendant, as discussed above, has been circumscribed.
. Although not ruling on whether the evidence in this case would have supported a contempt conviction, we note that a court has the power to, “inflict summary punishments for contempt of court” which is restricted inter alia to a case where “the misbehavior of any person in the presence of the court, thereby obstructs] the administration of justice”. 42 Pa.C.S.A. § 4131.