Superior Court 8/12/08 - COMMONWEALTH OF PENNSYLVANIA v. ROBERT GUERRA

COMMONWEALTH OF PENNSYLVANIA v. ROBERT GUERRA
No. 1331 EDA 2007 2008 PA Super 185 Atlantic: n/a Filed: 8/12/2008
Appeal from the Order entered May 1, 2007 In the Court of Common Pleas of Delaware County Criminal at No(s): CP-23-CR-0004642-2000
Before: FORD ELLIOTT, P.J., PANELLA and KELLY, JJ.
Opinion by: PANELLA, J.
Appellant, Robert Guerra (“Guerra”) appeals from the order entered on May 1, 2007, by the Honorable Patricia H. Jenkins, Court of Common Pleas of Delaware County, which denied his petition to reinstate credit towards restitution. After careful review, we affirm.

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¶ 9 On appeal, Guerra raises the following issue for our review:

Did the lower court err in failing to reinstate and give Appellant credit for the monies paid to the victim’s parent (to whom restitution was ordered at sentencing) as part of a Release-Settlement executed and entered by and between the victim’s parents and the Appellant.
Appellant’s Brief at 4 (italics omitted).

Guerra’s sole issue is, in essence, that he is entitled to full credit for restitution because the victim’s family received a civil settlement from Guerra’s insurer, AAA-Mid-Atlantic Insurance Group. We disagree.