Commonwealth of Pa. v. Hammel, 341 EDA 2022

CourtSuperior Court of Pennsylvania
Writing for the CourtSTABILE, J.
PartiesCOMMONWEALTH OF PENNSYLVANIA Appellee v. MATTHEW E. HAMMEL Appellant
Docket Number341 EDA 2022,J-S27013-22
Decision Date22 November 2022

COMMONWEALTH OF PENNSYLVANIA Appellee
v.

MATTHEW E. HAMMEL Appellant

No. 341 EDA 2022

No. J-S27013-22

Superior Court of Pennsylvania

November 22, 2022


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered June 28, 2021 In the Court of Common Pleas of Carbon County Criminal Division at No: CP-13-CR-0001185-2019

Joseph D. Seletyn, Esq.

BEFORE: STABILE, J., NICHOLS, J., and SULLIVAN, J.

MEMORANDUM

STABILE, J.

Appellant, Matthew E. Hammel, appeals from the June 28, 2021 judgment of sentence imposing 60 to 120 months of incarceration for robbery-threat of immediate serious bodily injury (18 Pa.C.S.A. § 3701(a)(1)(ii)). We affirm.

The underlying facts, as recited at Appellant's plea colloquy, are as follows:

On October 1 of 2019, Officer Joel Gulla was dispatched to Domino's Pizza for a report of robbery. The officer spoke to a female employee who stated that she had just been robbed. She further stated that while getting into her vehicle, a male wearing a black hooded sweatshirt and a shiny mask ripped open her car door and demanded that she hand over the deposit bag that contained $276 in cash. Having previous knowledge of a former employee who lived in the area, a search was conducted around the travel path of that residence on Bankway Street
During the search, a black sweatshirt and mask were found in the grass in the area of the suspect's residence. Contact was
1
made with a female at that residence who identified the sweatshirt and mask as belonging to [Appellant], Matthew Hammel, who had been detained. [Appellant] again was identified as Matthew Hammel. The owner of the property also gave consent to search the residence. Inside they found a deposit bag with the stolen cash that was recovered. [Appellant] was transported to the station where he was advised of his Miranda[1] warnings. He waived and admitted to the robbery of Domino's to support his drug habit and to support his family

N.T. Hearing, 6/22/21, at 8-9.

Appellant was charged with robbery and related offenses and pled guilty to one count of robbery on June 22, 2021. The Commonwealth dismissed the remaining charges, but the sentence was not negotiated. The trial court imposed a sentence of five to ten years of incarceration-within the standard guideline range-on June 28, 2021.[2] On June 29, 2021, Appellant filed a motion for an extension of time within which to file his post-sentence motion. The trial court did not act on that motion. On July 13, 2021, Appellant filed a motion to modify his sentence, in which he argued that his rehabilitative needs warranted a lesser sentence. The trial court denied the motion on December 29, 2021. Appellant filed this appeal on January 18, 2022. He raises three issues for our review:

1. Did the trial court abuse its discretion in failing to modify the original sentence here as recorded testimony addressed at the October 25, 2021 hearing readily described that at the time of
2
commission of the underlying offense [Appellant] had severe longstanding addiction issues but now his rehabilitative needs cannot be met by reason of lack of drug rehabilitation programs due to the Covid-19 pandemic?
2. Did the trial court abuse its discretion in not modifying the original
...

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