The opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
LAQUAN AMIR BROWN
Appellant No. 1560 WDA 2014
Appeal from the Judgment of Sentence November 26, 2013
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0007269-2013
BEFORE: PANELLA, J., JENKINS, J., and STRASSBURGER, J.*
MEMORANDUM BY JENKINS, J.: FILED JULY 07, 2015
Appellant Laquan Amir Brown appeals from the judgement of sentence
entered in the Allegheny County Court of Common Pleas following his guilty
plea to theft by unlawful taking, unauthorized use of a motor vehicle, driving
without a license, and driving while operating privilege suspended or
revoked.1 We vacate and remand for resentencing.
The relevant facts and procedural history of this appeal are as follows.
On May 19, 2013, Pamela Patterson [“Victim”] left her keys in the ignition of
her 2006 Buick sedan while she went into a Sunoco gas station to purchase
a lighter. While Victim was in the gas station, Appellant absconded with the
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*
Retired Senior Judge assigned to the Superior Court.
1
18 Pa.C.S. §§ 3921, 3928; 75 Pa.C.S. §§ 1501, 1543, respectively.
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vehicle, without permission, to visit a friend. Police apprehended Appellant
later that day and confirmed that he did not have a valid operating license.
On November 26, 2013, Appellant pled guilty to the aforementioned
charges. The same day, the court sentenced him to eight (8) years’
probation for theft by unlawful taking and two (2) consecutive years’
probation for unauthorized use of a motor vehicle.2
On December 9, 2013, Appellant wrote a letter requesting permission
to withdraw his guilty plea, which the court denied as untimely on December
19, 2013. Appellant did not file a direct appeal within thirty (30) days of his
judgment of sentence, but filed a counseled petition for relief pursuant to
the Post-Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-46, requesting
the court reinstate his appeal rights nunc pro tunc. On August 27, 2014, the
court granted Appellant’s petition and reinstated his appeal rights nunc pro
tunc. On September 24, 2014, Appellant timely filed a notice of appeal.
Both the trial court and Appellant complied with Pa.R.A.P. 1925.3
Appellant raises the following issues for our review:
[WHETHER] THE TRIAL COURT ABUSED ITS DISCRETION
IN IMPOSING AN UNDULY HARSH AND EXCESSIVE
SENTENCE OF AN AGGREGATE TEN YEARS OF PROBATION
IN LIGHT OF THE OBJECTIVES OF THE SENTENCING CODE
AS ESTABLISHED IN § 9721, AND MR. BROWN’S SPECIFIC
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2
The court did not impose sentences on the remaining convictions.
3
On October 2, 2014 the trial court ordered Appellant to file a Pa.R.A.P.
1925(b) statement by November 10, 2014, and Appellant timely complied.
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CIRCUMSTANCES AND REHABILITATIVE NEEDS WHEN
COMPARED TO THE NEED TO PROTECT THE PUBLIC[?]
[WHETHER] THE TRIAL COURT IMPOSED AN ILLEGAL
SENTENCE[?]
Appellant’s Brief at 6.
For purposes of disposition, we will first address Appellant’s second
issue. Appellant argues the court imposed an illegal sentence because the
statutory maximum sentence for theft by unlawful taking is seven (7) years
and the court imposed a sentence of eight (8) years’ probation on this
conviction. We agree.
Primarily, we observe:
“A challenge to the legality of a sentence … may be
entertained as long as the reviewing court has
jurisdiction.” Commonwealth v. Borovichka, 18 A.3d
1242, 1254 (Pa.Super.2011) (citation omitted). It is also
well-established that “[i]f no statutory authorization exists
for a particular sentence, that sentence is illegal and
subject to correction.” Commonwealth v. Rivera, 95
A.3d 913, 915 (Pa.Super.2014) (citation omitted). “An
illegal sentence must be vacated.” Id. “Issues relating to
the legality of a sentence are questions of law[.] … Our
standard of review over such questions is de novo and our
scope of review is plenary.” Commonwealth v. Akbar, 91
A.3d 227, 238 (Pa.Super.2014) (citations omitted).
Commonwealth v. Wolfe, 106 A.3d 800, 801-02 (Pa.Super.2014).
Regarding Appellant’s sentence for theft, a third degree felony, the
relevant statute provides:
§ 1103. Sentence of imprisonment for felony
Except as provided in 42 Pa.C.S. § 9714 (relating to
sentences for second and subsequent offenses), a person
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who has been convicted of a felony may be sentenced to
imprisonment as follows:
* * *
(3) In the case of a felony of the third degree, for a term
which shall be fixed by the court at not more than seven
years.
18 Pa.C.S. § 1103.
Regarding Appellant’s sentence for unauthorized use of a motor
vehicle, a second degree misdemeanor, the relevant statute provides:
§ 1104. Sentence of imprisonment for misdemeanors
A person who has been convicted of a misdemeanor may
be sentenced to imprisonment for a definite term which
shall be fixed by the court and shall be not more than:
* * *
(2) Two years in the case of a misdemeanor of the second
degree.
18 Pa.C.S. § 1104.
Here, the Commonwealth and the trial court concede that Appellant’s
sentence is illegal. The court-imposed eight (8) year sentence exceeds the
statutory maximum for a third degree felony. Thus, Appellant’s sentence is
illegal and must be vacated.4 See Wolfe, supra.
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4
Due to our disposition of this issue, we need not address Appellant’s other
claim.
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Judgment of sentence vacated. Case remanded for resentencing.5
Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/7/2015
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5
Although the court legally sentenced Appellant to the two (2) year
statutory maximum for unauthorized use of a motor vehicle, a second
degree misdemeanor, the resulting ten (10) year aggregate term of
probation exceeds the statutory maximum for the combined offenses. We
must remand for resentencing of both convictions because vacating the
illegal sentence upsets the trial court’s sentencing scheme.
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