| COMMONWEALTH OF PENNSYLVANIA v. BRIAN P. KARTH No. 1877 WDA 2009 2010 PA Super 65 Atlantic: n/a Filed: 4/21/2010 | |
| Appeal from the Judgment of Sentence of August 11, 2009 In the Court of Common Pleas of Clearfield County, Criminal Division, Nos. CR-0000345-07, CP-17-CR-0000820-2007 | |
| Before: DONOHUE, ALLEN, and LAZARUS, JJ. | |
| Opinion by: LAZARUS, J. | |
| Brian P. Karth appeals from his judgment of sentence imposed after the Honorable Fredric J. Ammerman found him guilty of the summary offense of public drunkenness. Karth had earlier been acquitted by a jury of two charges of criminal mischief stemming from the same incident, during which incident property belonging to Michael Morrison was damaged. Karth was sentenced to ninety days’ probation on the condition that he serve 15 days in the Clearfield County Jail. The statutory maximum sentence for a summary offense is 90 days’ imprisonment pursuant to 18 Pa.C.S.A. § 106. As a further condition of his probation, the court ordered Karth to pay restitution in the total amount of $2,385.95, in monthly installments of not less than $40, “until all amounts are paid in full.” Sentencing Order, 8/11/09, at 2. Thus, at the rate of $40 per month, it would take Karth 60 months, or 57 months past the expiration of his probation, to make full restitution as ordered by the court. | |
Wednesday, April 21, 2010
COMMONWEALTH OF PENNSYLVANIA v. BRIAN P. KARTH
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