| COMMONWEALTH OF PENNSYLVANIA v. STEPHEN J. PARSONS No. 615 MDA 2006 2009 PA Super 66 Atlantic: 969 A.2d 1259 Filed: 4/9/2009 | |
| Appeal from the Judgment of Sentence April 4, 2006 In the Court of Common Pleas of Berks County Criminal, No. CP 06 CR 3312 - 2004 | |
| Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, BENDER, BOWES, GANTMAN, PANELLA, DONOHUE, AND ALLEN, JJ. | |
| Opinion by: GANTMAN, J. | |
| Dissenting Opinion by: BENDER, J. | |
| Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the trial court erred when it sentenced Appellee, Stephen A. Parsons, to three (3) months of electronic monitoring under the supervision of the Berks County Probation Office, followed by a five-year term of probation, in violation of the parties’ plea agreement that called for a greater sentence. After careful review of the certified record as well as the relevant, settled law pertaining to plea agreements, we hold the court erred when it allowed Appellee to lodge an untimely challenge to the sentencing term of the plea agreement, and when the court set aside the sentencing term, without the Commonwealth’s consent, despite the clarity of the plea agreement both as to the charges and the specific sentence, which the court had previously accepted. Accordingly, we vacate the judgment of sentence and remand for imposition of the sentence contained in the parties’ plea bargain. | |
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