Overview

In Commonwealth v. K, Attorney Robert M. Buttner successfully challenged a sentence imposed following a probation revocation in Lackawanna County. The sentencing judge had ordered Mr. K to serve 3–6 years in prison without first obtaining a Pre-Sentence Investigation report (PSI)—or placing any reason on record for not doing so.

Result

On appeal, the Pennsylvania Superior Court agreed with Attorney Buttner’s argument that this violated Rule 702 of the Pennsylvania Rules of Criminal Procedure. The court vacated the sentence and remanded the case for a new sentencing hearing, stating that a PSI—or a valid reason to waive it—is required when a judge considers significant incarceration.

Outcome

• Original Sentence: 3 to 6 years’ state prison
• Issue: Sentencing without a PSI report or waiver
• Relief Granted: Sentence vacated, remanded for re-sentencing
• Court: Pennsylvania Superior Court
• Date: August 28, 2013
• Defense Counsel: Robert M. Buttner, Esq., Scranton, PA

Read the Full Opinion

• Superior Court Opinion – Commonwealth v. K (Justia)
• Rule 702 – Pre-Sentence Investigation Report Requirement (PA Code)