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Commonwealth v. Smith3/23/2004
o determine that notwithstanding all the facts, certain facts are so clearly of greater weight that to ignore them or to give them equal weight with all the facts is to deny justice.
Commonwealth v. Widmer, 560 Pa. 308, 318-20, 744 A.2d 745, 751 -52 (2000) (citations, footnotes and quotation marks omitted).
25 " challenge to the weight of the evidence must be raised with the trial judge or it will be waived." Pa.R.Crim.P. 607 Comment. Because Smith did not challenge the weight of the evidence before the trial court, we find that he has waived the argument on appeal. See Commonwealth v. Wilson, 825 A.2d 710, 713 (Pa. Super. 2003).
26 The case is remanded for resentencing. If Judge O'Brien simply closed interest on the probation detainer so that Smith was not credited with his pre-trial incarceration time, the trial court must credit Smith for that time in Smith's June 17, 2002 sentence.
27 Judgment of sentence vacated, and case remanded for resentencing consistent with this Opinion. Jurisdiction relinquished.
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