Com. v. Fish
Decision Date | 15 May 2000 |
Citation | 752 A.2d 921 |
Parties | COMMONWEALTH of Pennsylvania, Appellee, v. Douglas FISH, Appellant. |
Court | Pennsylvania Superior Court |
Timothy J. Sloan, Ebensberg, for appellant.
David J. Kaltenbaugh, Asst. Dist. Atty., Ebensburg, for Com., appellee.
Before ORIE MELVIN, J., CERCONE, President Judge Emeritus, and CIRILLO, President Judge Emeritus.
CERCONE, President Judge Emeritus.
¶ 1 This is an appeal from a judgment of sentence following revocation of Appellant's probation. We affirm.
¶ 2 In May of 1995 Appellant pled guilty to charges of aggravated indecent assault and aggravated assault and was sentenced to an aggregate term of imprisonment of fifteen (15) to ninety-six (96) months.1 Pursuant to Appellant's filing of a PCRA petition, this sentence was later modified on February 2, 1996 and Appellant was imprisoned for a period of not less than twelve (12) months, less one day, nor more than twenty-three (23) months, less one day, on the aggravated indecent assault conviction.2 In addition he was placed on sixty (60) months probation for the aggravated assault. The conditions of Appellant's probation were that he was to pay the associated costs and fees and was to have no contact with his victim or her family. On February 22, 1999 a petition was filed charging Appellant with violations of his probation, particularly compliance with all laws, display of overt behavior and special conditions. A hearing was held on the matter before the Honorable F. Joseph Leahey in the Court of Common Pleas of Cambria County on March 18, 1999. Appellant was found to have violated his probation, but sentencing was deferred pending the outcome of the criminal charges that precipitated the filing of the probation violation petition.3 On August 12, 1999 Appellant was sentenced to a term of eighteen (18) to sixty (60) months imprisonment for violating his probation. This timely appeal followed.
¶ 3 On appeal, Appellant raises one (1) issue for our review:
688 A.2d at 1207-08. Accord Commonwealth v. Ware, 737 A.2d 251, 254 (Pa.Super.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 Finally, it is the law of this Commonwealth that once probation has been revoked, a sentence of total confinement may be imposed if any of the following conditions exist:
Appellant's Brief at 8. In Commonwealth v. Cappellini, 456 Pa.Super. 498, 690 A.2d 1220, 1227-28 (1997) we found that appellant's request for review of the discretionary aspects of his sentence following revocation of his probation based on the trial court's alleged failure to state the reasons for the sentence imposed on the record and for not continuing his probation constituted a substantial challenge to the appropriateness of the sentence. Hence, like in Cappellini, we will permit Appellant's appeal.
¶ 6 It is well-settled that:
[w]hen reviewing sentencing matters, we must accord the sentencing court great weight as it is in the best position to view defendant's character, displays of remorse, defiance or indifference, and the overall effect and nature of the crime. An appellate court will not disturb the lower court's judgment absent a manifest abuse of discretion. "In order to constitute an abuse of discretion a sentence must either exceed the statutory limits or be so manifestly excessive as to constitute an abuse of discretion." Further, a sentence should not be disturbed where it is evident that the sentencing court was aware of sentencing considerations and weighed the considerations in a meaningful fashion.
Id., 690 A.2d at 1228 (citations omitted). Accord Commonwealth v. Smith, 447 Pa.Super. 502, 669 A.2d 1008, 1011 (1996)
("the imposition of sentence following 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."). Initially, we note that any of Appellant's claims alleging that the Trial Court erred in not considering the sentencing guidelines are baseless as it is clear that the guidelines are not applicable to sentences imposed following the revocation of probation. Commonwealth v. Ware, 737 A.2d at 255, citing 204 Pa.Code § 303.1(b).
¶ 7 Upon our close and careful review of the August 12, 1999 sentencing proceeding we cannot conclude...
To continue reading
Request your trial-
Commonwealth v. Cartrette
...Commonwealth v. Simmons, 56 A.3d 1280 (Pa.Super.2012), appeal granted on other ground,––– Pa. ––––, 75 A.3d 484 (2013); Commonwealth v. Fish, 752 A.2d 921 (Pa.Super.2000). In order to undertake a comprehensive analysis of this issue, it is necessary to understand that our Supreme Court gene......
-
Com. v. Wallace
...the only critics of Anderson on record" but following Anderson for its holding on concurrent/consecutive sentences); Commonwealth v. Fish, 752 A.2d 921, 923 (Pa.Super.2000) ("[U]pon sentencing following a revocation of probation, the trial court is limited only by the maximum sentence that ......
-
Commonwealth v. McNeal
...consider the same sentencing alternatives that it had at the time of the initial sentencing. 42 Pa.C.S. § 9771(b).” Commonwealth v. Fish, 752 A.2d 921, 923 (Pa.Super.2000). Revocation of a probation sentence is a matter committed to the sound discretion of the trial court, and that court's ......
-
Bronowicz v. Allegheny Cnty.
...‘is limited to the validity of the revocation proceedings and the legality of the judgment of sentence.’ ” (quoting Commonwealth v. Fish, 752 A.2d 921, 923 (Pa.Super.Ct.2000) )). Even though the Superior Court did not expressly address Bronowicz's challenges to the legality of the sentence ......