COMMONWEALTH OF PENNSYLVANIA v. SUN CHA CHON

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COMMONWEALTH OF PENNSYLVANIA v. SUN CHA CHON No. 473 EDA 2008 2009 PA Super 212 Atlantic: n/a Filed: 11/5/2009
	Appeal from the Order Entered January 24, 2008 In the Court of Common Pleas of Lehigh County Criminal Division at No. CP-39-CR-0004937-2006
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
The Commonwealth of Pennsylvania appeals from the January 24, 2008 order that granted the “Motion to Dismiss Due to Outrageous Government Conduct” filed by the defendant in this case, Sun Cha Chon (Chon). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MELVIN GARCIA-RIVERA

COMMONWEALTH OF PENNSYLVANIA v. MELVIN GARCIA-RIVERA No. 1466 MDA 2008 2009 PA Super 213 Atlantic: n/a Filed: 11/5/2009
	Appeal from the Judgment of Sentence, July 22, 2008, in the Court of Common Pleas of Cumberland County Criminal Division at No. CP-21-CR-0001837-2007
Before: FORD ELLIOTT, P.J., MUSMANNO AND COLVILLE,* JJ.
Opinion by: FORD ELLIOT, P.J.
The Commonwealth appeals from Melvin Garcia-Rivera’s (“Garcia Rivera” or “appellee”) judgment of sentence of July 22, 2008. The Commonwealth contends that the trial court failed to put reasons on the record supporting its imposition of a mitigated range sentence. After careful review, we are compelled to agree and, therefore, vacate the judgment of sentence and remand for resentencing.

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IN RE: EDUARDO GARCIA APPEAL OF: EDUARDO GARCIA, APPELLANT

IN RE: EDUARDO GARCIA APPEAL OF: EDUARDO GARCIA, APPELLANT No. 1648 WDA 2008 2009 PA Super 210 Atlantic: n/a Filed: 11/4/2009
	Appeal from the Order entered July 7, 2008 in the Court of Common Pleas of Forest County, Criminal Division, at No. CP-27-MD-0000009-2007.
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: ORIE MELVIN, J.
Appellant, Eduardo Garcia, appeals from the July 7, 2008 order which denied his petition for writ of habeas corpus. After review, we affirm.

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IN THE INTEREST OF: J.T., MINOR APPEAL OF: M.T., NATURAL MOTHER

IN THE INTEREST OF: J.T., MINOR APPEAL OF: M.T., NATURAL MOTHER No. 713 MDA 2009 2009 PA Super 211 Atlantic: n/a Filed: 11/4/2009
	Appeal from the Decree Dated March 30, 2009, in the Court of Common Pleas of Luzerne County, Orphans’ Court Division, No. A-7345
Before: BENDER, FREEDBERG, and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
Appellant, M.T. (“Mother”), appeals from the decree in the Luzerne County Court of Common Pleas, which terminated her parental rights to her minor child, J.T. Counsel for Mother has also filed with this Court both a petition for leave to withdraw as counsel and a brief pursuant to Anders v. California, 386 U.S. 738 (1967) and its progeny. We grant counsel’s petition for leave to withdraw and affirm the decision of the trial court.

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COMMONWEALTH OF PENNSYLVANIA v.TERRY L. SNAVELY

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COMMONWEALTH OF PENNSYLVANIA v.TERRY L. SNAVELY No. 1996 MDA 2008 2009 PA Super 208 Atlantic: n/a Filed: 10/30/2009
	Appeal from the Order entered October 10, 2008 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0001377-2006
Before: KLEIN, FREEDBERG and CLELAND, JJ.
Opinion by: CLELAND, J.
Dissenting Opinion by: KLEIN, J.
Appellant Terry L. Snavely (Snavely) appeals the order revoking his parole on a sentence of imprisonment imposed on a corruption of minors charge to which he had entered an Alford plea. Because the parole-violation order recommitted him to prison but made him immediately eligible again for parole on condition he enroll in a sex offender treatment program which required an admission of guilt to the original corruption of minors offense, he contends invoking his Fifth Amendment privilege against self-incrimination renders impossible his ability to satisfy the condition. As such, he submits the sentence is manifestly unreasonable. For the reasons that follow, 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. JUAN M. RIVERA

COMMONWEALTH OF PENNSYLVANIA v. JUAN M. RIVERA No. 2354 EDA 2007 2009 PA Super 207 Atlantic: n/a Filed: 10/26/2009
	Appeal from the Judgment of Sentence September 4, 2007 In the Court of Common Pleas of Philadelphia County Criminal, No. CP-51-CR-0005117-2007
Before: GANTMAN, DONOHUE, JJ., AND MCEWEN, P.J.E.
Opinion by: GANTMAN, J.
Appellant, Juan M. Rivera, appeals the judgment of sentence entered in the Philadelphia County Court of Common Pleas, following his bench trial convictions for first degree burglary, criminal trespass, theft, receiving stolen property, possessing an instrument of crime, and simple assault. We affirm.

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NANCY BRAUN, GUARDIAN OF THE PERSON AND ESTATE OF JOHN BRAUN, AN INCAPACITATED PERSON, AND NANCY BRAUN IN HER OWN RIGHT v. TARGET CORPORATION

NANCY BRAUN, GUARDIAN OF THE PERSON AND ESTATE OF JOHN BRAUN, AN INCAPACITATED PERSON, AND NANCY BRAUN IN HER OWN RIGHT v. TARGET CORPORATION AND THOMAS LINDSTROM & CO., INC. AND JEFFREY M. BROWN & ASSOCIATES No. 2221 EDA 2006 2009 PA Super 206 Atlantic: n/a Filed: 10/23/2009
	Appeal from the Judgments July 26, 2006 and July 28, 2006 In the Court of Common Pleas of Philadelphia County Civil, May Term, 2004, No. 2886
Before: KLEIN, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant, Nancy Braun, as guardian of the person and estate of her husband John Braun (“Mr. Braun”), and in her own right, appeals from the judgments entered in the Philadelphia Court of Common Pleas following the denial of her post-trial motions for removal of the compulsory nonsuit entered in favor of Appellee, Jeffery M. Brown & Associates (“JMB”), for judgment notwithstanding the verdict (“JNOV”) in favor of Appellee, Target Corporation (“Target”) and/or a new trial against both Target and JMB. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MATTHEW ALEXANDER BASINGER

COMMONWEALTH OF PENNSYLVANIA v. MATTHEW ALEXANDER BASINGER No. 1830 WDA 2008 2009 PA Super 204 Atlantic: 982 A.2d 121 Filed: 10/21/2009
	Appeal from the Judgment of Sentence entered October 20, 2008 In the Court of Common Pleas of Clearfield County Criminal Division at No. CP-17-CR-0000684-2007
Before: BENDER, BOWES and CLELAND, JJ.
Opinion by: BENDER, J.
Matthew Alexander Basinger appeals the judgment of sentence imposed following his conviction of two counts of Driving Under the Influence of Alcohol (DUI) and the summary traffic offense of Vehicle Entering or Crossing Roadway. See 75 Pa.C.S. §§ 3802(a)(1), (b), 3324 (respectively). Basinger contends, inter alia, that the sentence the court imposed, which consisted of a period of probation conditioned on the defendant’s completion of a flat term of incarceration, is not consistent with the Pennsylvania Sentencing Code, 42 Pa.C.S. § 9721, et seq., and therefore is illegal. We concur in Basinger’s assessment. Accordingly, we vacate the judgment of sentence and remand for re-sentencing.

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TIJEN HARCAR v. DOGAN TALHA HARCAR

TIJEN HARCAR v. DOGAN TALHA HARCAR No. 1851 WDA 2008 2009 PA Super 203 Atlantic: n/a Filed: 10/21/2009
	Appeal from the Order Entered October 9, 2008, Court of Common Pleas, Beaver County, Domestic Relations Division, at No. 10639 of 2006.
Before: MUSMANNO, DONOHUE and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Appellant, Dogan Talha Harcar (“Father”), appeals from the order dated October 7, 2008, and entered October 9, 2008, finding Appellee, Tijen Harcar (“Mother”), in contempt of the trial court’s orders entered on June 2, 2006 and September 5, 2006 by remaining in the Republic of Turkey with the parties’ son, Taha Murat Harcar (“Child”). The trial court declined to impose any sanctions on Mother. The trial court also ruled that Beaver County was an inconvenient forum under 23 Pa.C.S.A. § 5427, and directed that any further child custody proceedings should be instituted in the Republic of Turkey. After careful review, we affirm to the extent that the trial court held Mother in contempt. To the extent that it refused to impose any sanction, we reverse and remand. To the extent that the trial court declined to exercise jurisdiction in the future, we vacate.

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