COMMONWEALTH OF PENNSYLVANIA v. JAMAR DOWNING

COMMONWEALTH OF PENNSYLVANIA v. JAMAR DOWNING No. 1629 EDA 2007 2010 PA Super 23 Atlantic: n/a Filed: 2/23/2010
	Appeal from the Judgment of Sentence March 30, 2007 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-13000964-2006
Before: STEVENS, SHOGAN, and COLVILLE, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: COLVILLE, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant’s conviction on the charges of carrying a firearm without a license, 18 Pa.C.S.A. § 6106, and carrying a firearm on the public streets of Philadelphia, 18 Pa.C.S.A. § 6108. On appeal, Appellant challenges the discretionary aspects of his sentence. Specifically, Appellant contends (1) the trial court abused its discretion in considering an improper factor in sentencing Appellant at the top of the aggravated range in that the trial court’s finding that Appellant possessed the gun for a “criminal purpose” is not supported by the record, (2) the trial court abused its discretion in failing to consider Appellant’s rehabilitative needs and the protection of society, and (3) the trial court abused its discretion in failing to consider Appellant’s particular characteristics. We affirm.

-----------------------------------------------------
Want 50 state & federal case law? - click here