Superior Court 6/30/08 - COMMONWEALTH OF PENNSYLVANIA v. LARRY HOLIDAY a/k/a LARRY MITCHELL

COMMONWEALTH OF PENNSYLVANIA v. LARRY HOLIDAY a/k/a LARRY MITCHELL
No. 815 WDA 2006 2008 PA Super 141 Atlantic: n/a Filed: 6/30/2008
Appeal from the Judgment of Sentence Entered March 16, 2006 In the Court of Common Pleas of Allegheny County Criminal at No(s): CC 200112950,200104938,20011
Before: LALLY-GREEN, PANELLA, and TAMILIA, JJ.
Opinion by: PANELLA, J.
Appellant, Larry Holiday a/k/a Larry Mitchell, appeals from the judgment of sentence entered on March 16, 2006, by the Honorable Donna Jo McDaniel, Court of Common Pleas of Allegheny County. After careful review, we affirm.

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On appeal, Holiday presents the following issues for our review:

1. Did the lower court err and/or abuse its discretion when it
refused to adhere to the mandate of the Superior Court at
resentencing, failed to impose a sentence within the guidelines,
and instead imposed the same sentence on Mr. Holiday that this
Court had previously found on two separate occasions to be
excessive and an abuse of discretion?

2. Did the lower court abuse its discretion in imposing a manifestly
harsh and unreasonable sentence which is contrary to the
dictates of the sentencing code, in that the sentence imposed
was well above the aggravated range of the sentencing
guidelines, in fact was the maximum possible sentence under the
statute, and there is no reason to conclude that this crime was
more [heinous] than the “normal” or “typical” case of this sort?