Commonwealth v. Samuels , 516 Pa. 300 ( 1987 )

HUTCHINSON, Justice, dissenting.

I dissent and would dismiss this appeal as improvidently granted. The constitutionality of the Sentencing Guidelines has already been decided by this Court in Commonwealth v. Sessoms, 516 Pa. 365, 532 A.2d 775 (1987), and is arguably not properly preserved on this record. Considering the holding in Sessoms, I see no point in our deciding the issue of whether Superior Court correctly held the statute did not authorize the Commission to consider a particular unconstitutional guideline.

NIX, C.J., joins in this opinion.