Commonwealth v. Bomar-Sweet, 052820 PASUP, 1584 MDA 2019

Docket Nº:1584 MDA 2019
Opinion Judge:COLINS, J.
Party Name:COMMONWEALTH OF PENNSYLVANIA v. TURRELL MARTELL BOMAR-SWEET Appellant
Judge Panel:BEFORE: OLSON, J., MURRAY, J., and COLINS, J.
Case Date:May 28, 2020
Court:Superior Court of Pennsylvania
 
FREE EXCERPT

COMMONWEALTH OF PENNSYLVANIA

v.

TURRELL MARTELL BOMAR-SWEET Appellant

No. 1584 MDA 2019

Superior Court of Pennsylvania

May 28, 2020

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered August 6, 2019 In the Court of Common Pleas of Dauphin County Criminal Division at No(s): CP-22-CR-0000309-2019

BEFORE: OLSON, J., MURRAY, J., and COLINS, J. [*]

MEMORANDUM

COLINS, J.

Appellant, Turrell Martell Bomar-Sweet, appeals from the judgment of sentence of one to three years of confinement, which was imposed after he pleaded guilty to: driving under the influence ("DUI") - general impairment -- incapable of safely driving - third offense; DUI - high rate of alcohol ("alcohol concentration in the individual's blood or breath is at least 0.10% but less than 0.16%") - third offense; DUI - controlled substance -- combined influence of alcohol and a drug - third offense; failure to drive within single lane; careless driving; and failure to use restraint systems -- driver and front seat occupant.[1] We vacate the judgment of sentence and remand for further proceedings consistent with this decision.

In its opinion, the trial court fully and correctly set forth the relevant facts and procedural history of this case. See Trial Court Opinion, dated November 12, 2019, at 1-2. Therefore, we have no reason to restate them at length here. For the convenience of the reader, we briefly note that, following his plea and sentencing, "[o]n August 12, 2019, Appellant filed a Motion for Modification of Sentence requesting that he be made Recidivism Risk Reduction Incentive ('RRRI') eligible[, ]" which the trial court granted on August 29, 2019. Id. at 2. On September 27, 2019, Appellant filed this timely direct appeal.2

Appellant presents the following issue for our review:

Whether the trial court enacted an illegal sentence on Appellant by imposing an aggregate sentence of one (1) to three (3) years of incarceration for failure to obtain a court reporting network [("CRN")] evaluation?

Appellant's Brief at 4.

"When reviewing the legality of a sentence, our standard of review is de novo and our scope of review is plenary." Commonwealth v. Lekka, 210 A.3d 343, 355 (Pa. Super. 2019) (citation omitted).

Appellant's sole contention is that he should not have been sentenced prior to receiving a CRN evaluation. Appellant's Brief at 11.

Section...

To continue reading

FREE SIGN UP