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462 Pa. 342

341 A.2d 111

Commonwealth v. Shoemaker

Supreme Court of Pennsylvania

Decided July 7, 1975

Supreme Court of Pennsylvania · decided 1975-07-07

Key passage — most relied on by later courts

“"[o]ur review of the record . . . disclose[d] that [the] issue was not preserved for appellate review by a timely objection in the sentencing court. . . . See, e. g., Commonwealth v. Blair, 460 Pa. 31 , 36 n. 3, 331 A.2d 213 , 215 n. 3 (1975); Commonwealth v. Powell, 459 Pa. 253, 261 , 328 A.2d 507, 511 (1974); Commonwealth v. Clair, 458 Pa. 418 , 326 A.2d 272 (1974)." [Emphasis added.]”

quoted by 1 later decision, including Commonwealth v. Walls

Relies on Commonwealth v. Clair · Commonwealth v. Blair · Commonwealth v. Powell

Good law ✅— No negative treatment on recordhow we know

Decided 1975-07-07

How this case has been cited

Cited by 40 later decisions — most recently June 2011 · most notably 367 Pa. Super. 511 - Commonwealth v. Krum (1987), Commonwealth v. Isabell (1983)

2 federal appellate · 35 state decisions

24019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 OPINION OF THE COURT

PER CURIAM:

¶2 We granted appellant’s petition for allowance of appeal from the order of the Superior Court to determine whether, under the procedure established by the Act of December 22, 1965, P.L. 1187, § 1, 19 P.S. § 890 (Supp. 1974), a sentencing court may, in imposing sentence, consider a defendant’s arrest record which does not indicate the disposition resulting from the arrests. Our review of the record, however, discloses that this issue was not preserved for appellate review by a timely objection *344 in the sentencing court. We will not, therefore, consider appellant’s claim. See, e. g., Commonwealth v. Blair, 460 Pa. 31, 36 n. 3, 331 A.2d 213, 215 n. 3 (1975); Commonwealth v. Powell, 459 Pa. 253, 261, 328 A.2d 507, 511 (1974); Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974). On this record the order of the Superior Court must be affirmed.

¶3 Order affirmed.

NIX, J., did not participate in the consideration or decision of this case.
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