Tuesday, May 13, 2008

Superior Court 5/13/08 - COMMONWEALTH OF PENNSYLVANIA v. THOMAS W. GRAHAM

COMMONWEALTH OF PENNSYLVANIA v. THOMAS W. GRAHAM
No. 1498 WDA 2006 2008 PA Super 100 Atlantic: n/a Filed: 5/13/2008
Appeal from the Judgment of Sentence entered in theCourt of Common Pleas of Butler County,Criminal Division, No(s): C.A. No. 1947 of 2004
Before: BENDER, BOWES and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Concurring Opinion by: BENDER, J.
Thomas W. Graham appeals the November 7, 2005, aggregate judgment of sentence of four to eight years imprisonment, restitution, costs and fees imposed after a jury convicted him of one count each of arson, burglary, criminal trespass, criminal mischief, theft by unlawful taking, and receiving stolen property. The charges arose after it was alleged appellant had burned down a home under construction and nearing completion. Following a subsequent hearing, an amended Order of restitution was entered on March 9, 2006, directing appellant to pay restitution totaling $374,437.37. Post-trial motions were denied by operation of law on July 7, 2006, and a timely notice of appeal was filed August 4, 2006. Appellant was ordered to file a concise statement of matters complained of on appeal and, following several extensions, a timely statement was filed on December 22, 2006.

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