COMMONWEALTH OF PENNSYLVANIA v. RONALD EUGENE LOMAX

COMMONWEALTH OF PENNSYLVANIA v. RONALD EUGENE LOMAX No. 988 WDA 2009 2010 PA Super 210 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Sentencing May 7, 2009 In the Court of Common Pleas of Erie County Criminal No. CP-25-CR-0002564-2008
Before: ALLEN, MUNDY and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Ronald Eugene Lomax, appeals from the judgment of sentence entered in the Erie County Court of Common Pleas. We hold, inter alia, that the crimes of rape of a child and indecent assault merge for sentencing purposes. Accordingly, we affirm in part and vacate in part.

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COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP

COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP No. 1507 MDA 2009 2010 PA Super 111 Atlantic: n/a Filed: 6/18/2010
	Appeal from the Judgment of Sentence entered July 24, 2009 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0000081-2007
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
Sean Eugene Tapp appeals the judgment of sentence imposed following his conviction on retrial of Possession With Intent to Deliver, 35 P.S. § 780-113(a)(30). The sentencing judge imposed a term of incarceration double that imposed after the first trial, consigning Tapp to the statutory maximum sentence of ten to twenty years. Tapp now contends that the sentence imposed was presumptively vindictive pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), and argues that the trial court failed to provide an adequate explanation for the sentence imposed, thus violating the holding in Pearce. We find Tapp’s contention without merit. Accordingly, we affirm his judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD TAGGART

COMMONWEALTH OF PENNSYLVANIA v. RICHARD TAGGART No. 548 EDA 2008 2010 PA Super 110 Atlantic: n/a Filed: 6/17/2010
	Appeal from the Judgment of Sentence January 11, 2008, Court of Common Pleas, Philadelphia County, Criminal Division at No. CP-51-CR-1206051-2005
Before: FORD ELLIOTT, P.J., PANELLA and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Appellant, Richard Taggart (“Taggart”) appeals from the trial court’s January 11, 2008 judgment of sentence. The trial court imposed an aggregate six to 12 years of incarceration followed by 5 years of probation for persons not to carry firearms, carrying a firearm without a license, carrying a firearm on public streets in Philadelphia, and carrying a firearm with an obliterated serial number. We affirm in part, vacate in part, and remand.

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COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON

COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON No. 574 EDA 2007 2010 PA Super 109 Atlantic: n/a Filed: 6/15/2010
	Appeal from the Judgment of Sentence February 1, 2007 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0303761-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: STEVENS, J.
Deiyo Dixon appeals from the judgment of sentence imposed by the Court of Common Pleas of Philadelphia County. We have granted en banc review to address suppression and sentencing issues raised by Dixon. Following careful examination of the record before us, as well as pertinent case and statutory law, we find no error on the part of the lower court, and affirm the judgment of sentence.

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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.

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COMMONWEALTH OF PENNSYLVANIA v. STEVEN T. SMITH

COMMONWEALTH OF PENNSYLVANIA v. STEVEN T. SMITH No. 286 WDA 2009 2009 PA Super 209 Atlantic: n/a Petition for Reargument Filed 11/13/2009 Filed: 10/30/2009
	Appeal from the Judgment of Sentence of January 14, 2009 in the Court of Common Pleas of Allegheny County, Criminal Division, No. CP-02-CR-0010635-2007
Before: KLEIN, J., McEWEN, P.J.E., and HUDOCK, J.
Opinion by: KLEIN, J.
Steven T. Smith appeals from his judgment of sentence imposed following his open plea to four counts of possession of a controlled substance (cocaine), four counts of possession with intent to deliver a controlled substance (cocaine), and three counts of delivery of a controlled substance (cocaine). Smith was sentenced to an aggregate term of 7-14 years’ imprisonment after the trial court imposed the mandatory minimum for each sentence pursuant to 18 Pa.C.S. § 7508.

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COMMONWEALTH OF PENNSYLVANIA v. ZEBULA MELVIN BROWN

COMMONWEALTH OF PENNSYLVANIA v. ZEBULA MELVIN BROWN No. 254 MDA 2009 2009 PA Super 199 Atlantic: n/a Filed: 10/14/2009
	Appeal from the Judgment of Sentence of October 17, 2008, in the Court of Common Pleas of Union County, Criminal Division at No. CP-60-CR-0000078-2008
Before: ORIE MELVIN, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Zebula Brown (“Petitioner”) seeks permission to appeal the discretionary aspects of his sentence. We deny the petition for allowance of appeal

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COMMONWEALTH OF PENNSYLVANIA v. JEFFREY A. MADEIRA

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY A. MADEIRA No. 1747 MDA 2008 2009 PA Super 180 Atlantic: 982 A.2d 81 Filed: 9/14/2009
	Appeal from the Judgment of Sentence Entered August 26, 2008, Court of Common Pleas, Berks County, Criminal Division, at No. CP-06-CR-0000629-2008.
Before: STEVENS, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
The Commonwealth appeals from the judgment of sentence imposed upon Appellee, Jeffrey A. Madeira, following his conviction of failure to comply with registration of sexual offenders requirements. After careful review, we vacate the judgment of sentence and remand for resentencing.

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COMMONWEALTH OF PENNSYLVANIA v. JOSEPHY ALBERTO VENTURA

COMMONWEALTH OF PENNSYLVANIA v. JOSEPHY ALBERTO VENTURA No. 697 MDA 2008 2009 PA Super 96 Atlantic: 975 A.2d 1128 Filed: 5/26/2009
	Appeal from the Judgment of Sentence entered November 13, 2007, Court of Common Pleas, Centre County, Criminal Division at No. CP-14-CR-0000651-2006
Before: FORD ELLIOTT, P.J., STEVENS and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Josephy Alberto Ventura (“Ventura”) appeals from the judgment of sentence entered on November 13, 2007, following his conviction for third-degree murder, 18 Pa.C.S.A. § 2502(c). The conviction stemmed from an incident on February 17, 2006, at Club Love, a bar in State College, Pennsylvania, in which Michael Donahue (“Victim”) died following a single stab to the heart. After careful consideration, we affirm.

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COMMONWEALTH OF PENNSYLVANIA, v. DANIEL J. SCHMOHL

COMMONWEALTH OF PENNSYLVANIA, v. DANIEL J. SCHMOHL No. 281 MDA 2008 2009 PA Super 97 Atlantic: 975 A.2d 1144 Filed: 5/26/2009
	Appeal from the Judgment of Sentence Entered September 4, 2007, In the Court of Common Pleas, Cumberland County, Criminal, at CP-21-CR-001901-2006
Before: ALLEN, CLELAND and FITZGERALD, JJ.
Opinion by: ALLEN, J.
Appellant Daniel J. Schmohl appeals from the judgment of sentence entered following his convictions of aggravated assault while driving under the influence (“AA-DUI”), recklessly endangering another person (“REAP”), DUI - general impairment with accident, DUI - high rate of alcohol, and the summary offense of reckless driving. Appellant maintains that the evidence was legally insufficient to sustain his convictions and that the trial court erred as a matter of law in failing to merge his conviction of DUI – high rate of alcohol - with his conviction of AA-DUI. We affirm in part and reverse in part, vacating Appellant’s sentence for DUI – high rate of alcohol.

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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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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. GREGORY MEARS

COMMONWEALTH OF PENNSYLVANIA v. GREGORY MEARS No. 1003 EDA 2008 2009 PA Super 83 Atlantic: 972 A.2d 1210 Filed: 5/4/2009
	Appeal from the Judgment of Sentence Entered March 18, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. CP-51-CR-0010314-2007.
Before: KLEIN, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Appellant, Gregory Mears, appeals from the judgment of sentence entered on March 18, 2008, in the Philadelphia County Court of Common Pleas. After careful review, we vacate in part and affirm in part.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ANTONIO GUTIERREZ

COMMONWEALTH OF PENNSYLVANIA v. ANTONIO GUTIERREZ No. 710 and 806 MDA 2008 2009 PA Super 55 Atlantic: 969 A.2d 584 Filed: 3/30/2009
	Appeal from the Judgment of Sentence of April 2, 2008, in the Court of Common Pleas of Berks County, Criminal Division, at No. CP-06-CR-0000329-2007.
Before: BOWES, SHOGAN and KELLY, JJ.
Opinion by: BOWES, J.
Antonio Gutierrez and the Commonwealth have both filed appeals from the judgment of sentence imposed in this case. The Commonwealth complains about the sentencing court’s failure to impose a mandatory minimum sentence that it contends is applicable herein. Gutierrez, who we will refer to as Appellant, assails the adequacy of the warrant utilized to search his residence and the sufficiency of the evidence supporting his conviction for possession of a prohibited offensive weapon. We reject the allegations of error raised by Appellant, but conclude that the Commonwealth’s position is meritorious. We vacate the judgment of sentence and remand for a new sentencing hearing.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. TODD R. ALLSHOUSE

COMMONWEALTH OF PENNSYLVANIA v. TODD R. ALLSHOUSE No. 329 WDA 2008 2009 PA Super 47 Atlantic: 969 A.2d 1236 Filed: 3/19/2009
	Appeal from the Judgment of Sentence January 16, 2008, In the Court of Common Pleas of ALLEGHENY County, Criminal at No(s): CC No. 200605517
Before: BOWES, FREEDBERG, and FITZGERALD, JJ
Opinion by: FREEDBERG, J.
Appellant, Todd Allshouse, appeals from the judgment of sentence entered on January 16, 2008. For the reasons discussed below, we vacate and remand.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL JOHN PAUL MACIAS

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL JOHN PAUL MACIAS No. 757 MDA 2008 2009 PA Super 45 Atlantic: 968 A.2d 773 Filed: 3/17/2009
	Appeal from the Judgment of Sentence of December 21, 2007, in the Court of Common Pleas of Huntingdon County, Criminal Division, at No. CP-31-CR-0000235-2006.
Before: BOWES, SHOGAN and KELLY, JJ.
Opinion by: BOWES, J.
Michael John Paul Macias challenges the discretionary aspects of the twenty-to-forty-year term of imprisonment that was imposed after he tendered a guilty plea to third degree murder. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ERIC RICHARD JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. ERIC RICHARD JOHNSON No. 293 WDA 2008 2009 PA Super 36 Atlantic: 967 A.2d 1001 Filed: 2/26/2009
	Appeal from the Judgment of Sentence January 10, 2008, In the Court of Common Pleas of WASHINGTON County, CRIMINAL at No(s): CP-63-CR-0001735-2006
Before: BOWES, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FREEDBERG, J.
Concurring and Dissenting Opinion by: FITZGERALD, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas for Washington County after a hearing in which Eric Richard Johnson (“Appellant”) was found to be in violation of his probation. We vacate the sentence and remand to the trial court for resentencing in accordance with the reasoning set forth below.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ULISES LUNA NAVA

COMMONWEALTH OF PENNSYLVANIA v. ULISES LUNA NAVA No. 334 EDA 2008 2009 PA Super 28 Atlantic: 966 A.2d 930 Filed: 2/11/2009
	Appeal from the Judgment of Sentence November 19, 2007 In the Court of Common Pleas of Chester County Criminal Division at No. CP-15-CR-0004017-2007
Before: ORIE MELVIN, CLELAND AND POPOVICH, JJ.
Opinion by: CLELAND, J.
Ulises Luna Nava (Luna), an illegal alien, appeals the November 19, 2007 judgment of sentence and the December 26, 2007 partial denial of his post-sentence motion to modify sentence. His appeal raises the question whether a sentencing court, as a condition of parole, may require an illegal alien, convicted of driving under the influence, to remove himself from the Commonwealth of Pennsylvania within ten days of the beginning of his parole. For reasons that follow, we vacate that portion of his sentence which imposes the condition.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ROBERT STARR SCASSERA

COMMONWEALTH OF PENNSYLVANIA v. ROBERT STARR SCASSERA No. 605 WDA 2008 2009 PA Super 1 Atlantic: 965 A.2d 247 Filed: 1/5/2009
	Appeal from Order entered February 29, 2008, in the Court of Common Pleas of Beaver County, Criminal Division, No. CP-04-CR-1219-1999
Before: BENDER, FREEDBERG, and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
This matter is before the Court on Robert Starr Scassera’s appeal from the order of the Court of Common Pleas of Beaver County denying his amended petition under the Post-Conviction Relief Act (“PCRA”). We reverse the order, vacate sentence, and remand.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. NORMAN HUNTER

COMMONWEALTH OF PENNSYLVANIA v. NORMAN HUNTER No. 956 EDA 2005 2008 PA Super 294 Atlantic: 963 A.2d 545 Filed: 12/31/2008
	Appeal from the Judgment of Sentence March 5, 2005 In the Court of Common Pleas of Philadelphia County Criminal Division at No. 04-07-0007
Before: BENDER, DONOHUE and FREEDBERG, JJ.
Opinion by: BENDER, J.
Concurring Opinion by: FREEDBERG, J.
Dissenting Opinion by: DONOHUE, J.
Norman Hunter appeals from the March 5, 2005 judgment of sentence of an aggregate of four to ten years’ imprisonment imposed following his convictions of theft receiving stolen property, burglary, and identity theft. Appellant challenges the denial of his motion to suppress evidence seized during a search of his bedroom, conducted while he was a parole violator. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. OLIVER FOSTER

COMMONWEALTH OF PENNSYLVANIA v. OLIVER FOSTER No. 3450 EDA 2006 2008 PA Super 252 Atlantic: 960 A.2d 160 Filed: 10/22/2008
	Appeal from the Judgment of Sentence of November 30, 2006 in the Court of Common Pleas of Philadelphia County Criminal Division, at No. CP-51-CR-0109521-2006.
Before: BOWES, SHOGAN and FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring Statement by: FITZGERALD, J.
Dissenting Opinion by: SHOGAN, J.
Oliver Foster appeals from the November 30, 2006 judgment of sentence of five to ten years imprisonment that was imposed after he was convicted of robbery. We conclude that Appellant, as an unarmed co-conspirator in an armed robbery, was improperly sentenced pursuant to 42 Pa.C.S. § 9712(a). We therefore vacate the judgment of sentence and remand for re-sentencing.

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