Commonwealth v. Walls

MANDERINO, Justice,

dissenting.

I dissent. It is unfair to expect an attorney at the time of sentencing to be a walking encyclopedia of all the laws on the books. The attorney for the appellant was entitled to the opportunity after sentencing to challenge the sentence. The majority contends that the opportunity existed because a Petition for Reconsideration could have been filed. This issue was not raised by the Prosecution in the Superior Court and is not properly before us. We should not act as attorneys for the Prosecution and find new issues unless we do the same for the appellant. See Commonwealth v. Allsup, 481 Pa. 313, 392 A.2d 1309 (1978) (Manderino, J. Concurring Opinion).