concurring:
I join the Majority Opinion. I write separately to express my position relative to the application of Commonwealth v. Tuladziecki, 513 Pa. 508, 522 A.2d 17 (1987).
In my view this court has jurisdiction to hear appeals from the discretionary aspects of sentencing as delineated in 42 Pa.C.S.A. § 9781(b).
Further, the Supreme Court in Tuladziecki, supra, specifically stated that the requirements set forth in that opinion are procedural in nature. Further, the court held:
The Appellant properly preserved his challenge to this procedural violation and for the reasons stated herein the Superior Court’s decision to overlook it must be vacated. (Emphasis added).
Therefore, I would conclude in this case that the Appel-lee’s failure to raise the procedural violation of the Appellant is a waiver of the Tuladziecki requirements.
In addition, since the Tuladziecki requirements are procedural, this court can consider whether or not there has been substantial compliance with those requirements in choosing to reach the discretionary aspects of sentencing issues. On that basis, I agree, with my colleagues.