Superior Court - COMMONWEALTH OF PENNSYLVANIA v. STEPHEN J. PARSONS

COMMONWEALTH OF PENNSYLVANIA v. STEPHEN J. PARSONS No. 615 MDA 2006 2009 PA Super 66 Atlantic: 969 A.2d 1259 Filed: 4/9/2009
	Appeal from the Judgment of Sentence April 4, 2006 In the Court of Common Pleas of Berks County Criminal, No. CP 06 CR 3312 - 2004
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, BENDER, BOWES, GANTMAN, PANELLA, DONOHUE, AND ALLEN, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: BENDER, J.
Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the trial court erred when it sentenced Appellee, Stephen A. Parsons, to three (3) months of electronic monitoring under the supervision of the Berks County Probation Office, followed by a five-year term of probation, in violation of the parties’ plea agreement that called for a greater sentence. After careful review of the certified record as well as the relevant, settled law pertaining to plea agreements, we hold the court erred when it allowed Appellee to lodge an untimely challenge to the sentencing term of the plea agreement, and when the court set aside the sentencing term, without the Commonwealth’s consent, despite the clarity of the plea agreement both as to the charges and the specific sentence, which the court had previously accepted. Accordingly, we vacate the judgment of sentence and remand for imposition of the sentence contained in the parties’ plea bargain.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LEON PARHAM

COMMONWEALTH OF PENNSYLVANIA v. LEON PARHAM No. 1409 WDA 2007 2009 PA Super 61 Atlantic: 969 A.2d 629 Filed: 4/3/2009
	Appeal from the Judgment of Sentence March 12, 2008 In the Court of Common Pleas of Allegheny County Criminal at No(s): CP-02-CR-0014431-2005
Before: STEVENS, MUSMANNO, and CLELAND, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Court of Common Peas of Allegheny County on March 12, 2008, following Appellant’s conviction by a jury of rape, rape of a child, statutory sexual assault, and corruption of minors. Herein, Appellant contends that the crimes of rape and statutory sexual assault should have merged for purposes of sentencing. We affirm the judgment of sentence.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DAVID PAGE

COMMONWEALTH OF PENNSYLVANIA v. DAVID PAGE No. 451 WDA 2008 2009 PA Super 20 Atlantic: 965 A.2d 1212 Filed: 2/3/2009
	Appeal from the Judgment of Sentence February 28, 2008, In the Court of Common Pleas of Lawrence County, Criminal at No. 442/06
Before: FORD ELLIOTT, P.J., FREEDBERG, J. AND MCEWEN, P.J.E.
Opinion by: FREEDBERG, J.
Concurring and Dissenting Statement by: McEWEN, P.J.E.
This is an appeal from judgment of sentence entered by the Court of Common Pleas of Lawrence County after a jury convicted David Page of two counts of aggravated indecent assault, 18 Pa.C.S.A. § 3125(a)(7) and (b), one count of indecent assault, 18 Pa.C.S.A. § 3126(a)(7), and one count of corruption of minors, 18 Pa.C.S.A. 6301(a). Appellant was sentenced to a term of incarceration of five to ten years. Appellant contends that the trial court erred when it failed to suppress a statement made by Appellant, when it permitted evidence of prior bad acts, when it allowed the Commonwealth to amend the information after close of the evidence and prior to closing arguments, and when it allowed the Commonwealth to discuss prior bad acts of Appellant during its closing argument. We affirm.

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