Commonwealth v. Strand ( 1975 )

POMEROY, Justice

(concurring and dissenting).

I join in the Court’s opinion on the substantive aspects of this appeal and accordingly agree that appellant’s conviction must stand. I agree with appellant, however, that the sentence she received, which was a flat term of imprisonment with no minimum, was unconstitutional under Com. v. Butler, 458 Pa. 289, 328 A.2d 851 (1974) because such a sentence deprives the defendant of equal protection of the laws and violates the equality of rights amendment of the Pennsylvania constitution (Art. I, Sec. 28).

For the reasons expressed in my dissenting opinion in Com. v. Piper, 458 Pa. 307, 312, 328 A.2d 845 (1974), therefore, I would vacate the sentence imposed in this case and remand for resentencing conformably to the general sentencing statute, Act of June 19, 1911, P.L. 1055, § 1, as amended, 19 P.S. § 1051 (1964).

EAGEN, J., joins in this opinion.