¶1concurring:
¶2¶ 1 Because the trial court improperly considered appellant’s profession as an aggravating factor, I agree that we must remand this matter. I write separately, however, to express my concern that the majority’s language implies that appellant’s status as a state trooper should, in and of itself, be considered a mitigating factor.
¶3¶ 2 In Lowe, we held that the defendant’s job as a police officer was irrelevant for purposes of sentencing. See Commonwealth v. Lowe, 361 Pa.Super. 343, 522 A.2d 614, 617 (1987). Rather, the Court properly considered his law-abiding life as a mitigating factor. See id.Here, the majority states that “[wjhile [appellant’s] conduct besmirched his badge, his law-abiding life of service as a trooper must be considered a mitigating, rather than aggravating factor when considering the merits of his application.” Majority Opinion, at 683-84. To the extent that this holds a police officer or other public servant to a lower standard than an ordinary citizen in terms of sentencing, I disagree.