Com. v. Schweizer, W. ( 2015 )

J-A34010-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
WALTER R. SCHWEIZER
Appellant No. 369 MDA 2014
Appeal from the Judgment of Sentence entered December 20, 2013
In the Court of Common Pleas of York County
Criminal Division at No: CP-67-CR-0008282-2012
BEFORE: FORD ELLIOTT, P.J.E., SHOGAN, and STABILE, JJ.
DISSENTING MEMORANDUM BY STABILE, J.: FILED APRIL 14, 2015
I respectfully dissent and would vacate the sentence and remand for
resentencing.
I do not disagree with the Majority’s general statement that failure to
take responsibility and lack of remorse are proper sentencing factors to be
considered by a trial court. In this case, however, I am unable to separate
these general considerations from the context in which they were referenced
by the trial court. The trial court’s reference to lack of remorse and failure
to take responsibility were stated in response to Appellant’s actions to
withdraw his guilty plea and exercise his right to go to trial. A defendant
who chooses to “go to trial and roll the dice” exercises a right guaranteed by
our federal and state constitutions. I therefore, would find error under
Commonwealth v. Bethea, 379 A.2d 102 (Pa. 1977).