COMMONWEALTH OF PENNSYLVANIA v. SYVOL BOWEN

COMMONWEALTH OF PENNSYLVANIA v. SYVOL BOWEN No. 1551 EDA 2007 2009 PA Super 94 Atlantic: 975 A.2d 1120 Filed: 5/21/2009
	Appeal from the Judgment of Sentence dated April 20, 2007 In the Court of Common Pleas of Monroe County Criminal No. CP-45-CR-0000726-2006
Before: BOWES, SHOGAN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Syvol Bowen, appeals from the judgment of sentence entered in the Monroe County Court of Common Pleas. Specifically, Appellant challenges the propriety of his aggravated-range sentence, which he alleges was based primarily on his silence at sentencing, thus constituting a violation of his right to remain silent pursuant to the Fifth Amendment of the United States Constitution. We hold that a court may not consider a defendant’s silence at sentencing as indicative of his failure to take responsibility for the crimes of which he was convicted. We further hold that silence at sentencing may not be the sole factor in determining a defendant’s lack of remorse. However, we conclude that the trial court relied on numerous legitimate factors in imposing the aggravated-range sentence at issue. Accordingly, we affirm.

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