Commonwealth v. McDonald

ROWLEY, Judge,

concurring and dissenting:

I agree with the majority that the record is inadequate to determine the merits of appellant’s claims of ineffective assistance of trial counsel. Therefore, the case should be remanded to the trial court for an evidentiary hearing on that issue.

I also agree with the majority’s disposition of the other issues raised in this appeal, with the exception of the sentencing question.

*121I do not agree that the court failed to comply with Riggins at sentencing. The court need not specifically refer to the sentencing code so long as it is clear that the court did consider and apply those guidelines. Commonwealth v. Darush, 279 Pa.Super. 140, 420 A.2d 1071 (1980). In this case, it is clear to me that the court considered the sentencing guidelines. Furthermore, the court’s statement of reasons for the sentence imposed is more than adequate. See Commonwealth v. Bachert, 499 Pa. 398, 453 A.2d 931 (1982).

' The court was informed by appellant’s counsel that appellant had no prior record, had been continuously employed and was a model prisoner. In imposing sentence, the court stated that it had considered appellant’s past arrest history, bis good behavior in prison and his rehabilitative needs. However, it had also considered the seriousness of the offenses, the need of the public for protection, and the use of violence against the victim. The court concluded that any lesser sentence would deprecate the seriousness of the offenses and that appellant was definitely in need of correctional treatment that could best be provided in a state institution. I do not agree that this statement of reasons “fall(s) short of complying” with Riggins.