COMMONWEALTH OF PENNSYLVANIA v. DWAYNE FLOWERS
No. 1173 WDA 2006 2008 PA Super 109 Atlantic: n/a Filed: 5/23/2008
Appeal from the Judgment of Sentence May 25, 2006In the Court of Common Pleas of Allegheny CountyCriminal Division at No. CC No. 2003-05603
Before: BENDER, BOWES and TAMILIA, JJ.
Opinion by: BENDER, J.
Dwayne Flowers appeals the judgment of sentence of four to ten years’ incarceration imposed following revocation of probation for technical violations. Flowers’s original sentence followed a plea of nolo contendere to charges of Statutory Sexual Assault, Indecent Assault, and Endangering the Welfare of Children, 18 Pa.C.S. §§ 3122.1, 3126, 4304 (respectively). Flowers contends that the trial court erred in imposing sentence without ordering a pre-sentence investigation (PSI) and explaining on the record its reasons for refusing to do so. Given the limited nature of the court’s colloquy with the defendant at the plea and sentencing hearings, we find Flowers’s claim meritorious. Accordingly, we vacate his judgment of sentence and remand for re-sentencing.
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