COMMONWEALTH OF PENNSYLVANIA v. THOMAS A. LAMONDA

COMMONWEALTH OF PENNSYLVANIA v. THOMAS A. LAMONDA No. 1972 MDA 2009 2010 PA Super 202 Atlantic: n/a Filed: 11/8/2010
	Appeal from the Judgment of Sentence Entered July 22, 2009 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0001436-2008
Before: BENDER, SHOGAN and CLELAND, JJ.
Opinion by: BENDER, J.
Dissenting Statement by: SHOGAN, J.
Thomas A. Lamonda appeals the judgment of sentence imposed following his conviction of two counts of Homicide by Vehicle (HBV), and one count each of Driving Under the Influence of Alcohol or Controlled Substance, Driving on Roadways Laned for Traffic, Driving Vehicle at Safe Speed, and Unlawful Activities (Operating a Vehicle in Unsafe Condition); 75 Pa.C.S. §§ 3732(a), 3802(d)(1)(iii), 3309(1), 3361, 4107(b)(2) (respectively). Lamonda contends that the evidence was not legally sufficient to sustain his convictions of the latter three crimes as predicate offenses of HBV and that his aggregate sentence of 40 to 120 months’ incarceration was manifestly excessive. He asserts further that the Court abused its discretion and violated his right to Equal Protection by imposing sentence for his HBV convictions based on his contemporaneous conviction of DUI, as that conviction was itself based upon the presence in his bloodstream of an inert metabolite of cocaine. We conclude that because the evidence failed to demonstrate that the metabolic by-product in question had a causal relationship with Lamonda’s HBV, imposition of sentence for HBV based upon the presence of the metabolite is not supported by a rational basis related to the purpose of the HBV statute. Accordingly, we vacate the judgment of sentence and remand for re-sentencing.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MASTROMARINO

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MASTROMARINO No. 3443 EDA 2008 2010 PA Super 128 Atlantic: n/a Filed: 7/21/2010
	Appeal from the Judgment of Sentence October 22, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0012750-2007
Before: STEVENS, MUNDY, JJ., and McEWEN, P.J.E.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant Michael Mastromarino’s guilty plea to numerous charges in connection with his participation in the sale of human body parts from 244 corpses. On appeal, Mastromarino presents challenges to the discretionary aspects of his sentence. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RAMON LUIS GONZALEZ-DEJUSUS

COMMONWEALTH OF PENNSYLVANIA v. RAMON LUIS GONZALEZ-DEJUSUS No. 1204 EDA 2009 2010 PA Super 62 Atlantic: n/a Filed: 4/20/2010
	Appeal from the Judgment of Sentence, January 24, 2007, in the Court of Common Pleas of Bucks County Criminal Division at No. CP-09-CR-0006865-2006
Before: FORD ELLIOTT, P.J., PANELLA AND DONOHUE, JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal nunc pro tunc from a judgment of sentence imposed upon appellant after he pled guilty to a variety of charges including kidnapping, conspiracy, robbery, and burglary. We dismiss the appeal.

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