Com. v. Coolbaugh
Decision Date | 09 March 2001 |
Citation | 770 A.2d 788 |
Parties | COMMONWEALTH of Pennsylvania, Appellee, v. Robert Shawn COOLBAUGH, Appellant. |
Court | Pennsylvania Superior Court |
Brent E. Peck, Uniontown, for appellant.
Nancy A. Duffield, Assistant District Attorney, Uniontown, for Commonwealth, appellee.
Before JOHNSON, HUDOCK and HESTER, JJ.
¶ 1 This is an appeal from the judgment of sentence entered after the revocation of Appellant's probation. For the reasons that follow, we affirm.
¶ 2 The trial court has ably summarized the pertinent facts as follows:
Trial Court Opinion, 6/19/00, at 1-3. At the time of sentencing, the court advised Appellant that he had thirty days to appeal his sentence. The court then instructed:
¶ 3 On April 24, 2000, Appellant filed a petition for reconsideration of sentence, and the court, by order dated April 26, 2000, denied the petition. On May 26, 2000, Appellant filed this appeal. The notice states that the appeal is from the trial court's order of April 26, 2000, denying the petition for reconsideration. Since the record reveals that the appeal was not filed within thirty days of the judgment of sentence but, rather, was filed following denial of Appellant's motion to modify sentence, the appeal is untimely under the authority of Commonwealth v. Coleman, 721 A.2d 798 (Pa.Super.1998) ( ).
¶ 4 Although neither Appellant nor the Commonwealth raises the issue of the timeliness of the appeal, "questions of jurisdiction may be raised sua sponte." Commonwealth v. Lindey, 760 A.2d 416, 418 (Pa.Super.2000). It is well established that "[w]hen an Act of Assembly fixes the time within which an appeal may be taken, a court may not extend time for appeal." Commonwealth v. Anwyll, 333 Pa.Super. 453, 482 A.2d 656, 657 (1984). Therefore, when a trial court purports to extend the time for appeal to thirty days after the disposition of the motion for reconsideration, this error does not affect the running of the time of appeal. Id.
¶ 5 Nevertheless, in similar situations, we have declined to quash the appeal recognizing that the problem arose as a result of the trial court's misstatement of the appeal period, which operated as a breakdown in the court's operation. See Commonwealth v. Bogden, 364 Pa.Super. 300, 528 A.2d 168 (1987)
( ); Anwyll, supra ( ). For these reasons, we will not fault Appellant and will proceed to review the merits of his appeal.
¶ 6 On appeal, Appellant raises the following issues for our consideration:
1. Was the sentence at Number 824 of 1998 ordering [Appellant] to undergo imprisonment at a state correctional institution for a period of not less than two (2) years nor more than five (5) years excessive?
2. Was the sentence at Number 1400 of 1998 ordering [Appellant] to undergo imprisonment at a state correctional institution for a period of not less than one (1) year nor more than two (2) years excessive?
Appellant's Brief at 5. Appellant's argument with reference to both claims is that the sentences imposed are inconsistent with the sentencing guidelines, contrary to the fundamental norms of the sentencing process and fail to consider his personal life situation. Id. at 6. Specifically, he contends that:
[T]he sentence imposed at both case numbers is in excess of twice the sentencing guidelines for each. At Number 824 of 1998, [Appellant] was arrested and charged with Simple Assault; Terroristic Threats; Harassment; and Stalking. The Pennsylvania Sentencing Guidelines provide in the standard range R-S to 12 months; aggravated range, 12-15 months.
At Number 1400 of 1998, [Appellant] was arrested and charged with Recklessly Endangering Another Person; Fleeing or Attempting to Elude Police Officer; Purchase, Consumption, Possession or Transportation of Alcoholic Beverages; One Way Roadways and Rotary Traffic Islands; and Operation of Vehicle Without Official Certificate of Inspection. The Pennsylvania Sentencing Guidelines provide the standard range R-S to 6 months; aggravated range, 6-12 months.
As such, both sentences are inconsistent with specific provisions of the sentencing code.
Appellant's Brief at 8. Appellant further alleges that the court violated the fundamental norms of the sentencing process by sentencing above the aggravated range and adding weapon enhancements to the sentences based on separate crimes committed in another state. Finally, Appellant posits that the court failed to consider Appellant's personal life situation, namely his drug problem.
¶ 7 "The imposition of sentence following the revocation of probation `is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal.'" Commonwealth v. Sierra, 752 A.2d 910, 913 (Pa.Super.2000) (quoting Commonwealth v. Smith, 447 Pa.Super. 502, 669 A.2d 1008, 1011 (1996)). We recently summarized our standard of review and the law applicable to revocation proceedings as follows:
688 A.2d at 1207-08. Accord Commonwealth v. Ware, 737 A.2d 251, 254 (Pa.Super.1999)[appeal denied, 561 Pa. 657, 747 A.2d 900 (1999)]. Finally, it is the law of this Commonwealth that once probation has been revoked, a sentence of total confinement may be imposed if any of the following conditions exist:
(3) such a sentence is essential to vindicate the authority of court.
Commonwealth v. Fish, 752 A.2d 921, 923 (Pa.Super.2000).
¶ 8 Appellant's claims on appeal challenge the discretionary aspects of his sentence. As stated before, Appellant alleges that his sentences are excessive, as they are inconsistent with the sentencing code, and the court deviated from the guidelines without providing adequate reasons and/or considered improper factors. This claim, however, is without merit as it is well settled that "`[t]he sentencing guidelines do not apply to sentences imposed as a result of probation or parole...
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