Thursday, November 5, 2009

COMMONWEALTH OF PENNSYLVANIA v. MELVIN GARCIA-RIVERA

COMMONWEALTH OF PENNSYLVANIA v. MELVIN GARCIA-RIVERA
No. 1466 MDA 2008 2009 PA Super 213 Atlantic: n/a Filed: 11/5/2009

Appeal from the Judgment of Sentence, July 22, 2008,
in the Court of Common Pleas of Cumberland County
Criminal Division at No. CP-21-CR-0001837-2007
Before: FORD ELLIOTT, P.J., MUSMANNO AND COLVILLE,* JJ.
Opinion by: FORD ELLIOT, P.J.
The Commonwealth appeals from Melvin Garcia-Rivera’s (“Garcia Rivera” or “appellee”) judgment of sentence of July 22, 2008. The Commonwealth contends that the trial court failed to put reasons on the record supporting its imposition of a mitigated range sentence. After careful review, we are compelled to agree and, therefore, vacate the judgment of sentence and remand for resentencing.
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