# Commonwealth v. Mitchell

> Superior Court of Pennsylvania · August 15, 2008 · 2008 Pa. Super. 190

URL: https://www.frixlaw.com/law-library/cases/9703967

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee v. Yusef MITCHELL, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** August 15, 2008
- **Citations:** 2008 Pa. Super. 190; 955 A.2d 433; 2008 Pa. Super. LEXIS 2056; 2008 WL 3582731
- **Precedential status:** Published
- **Opinion:** Concurrence by Klein
- **Judges:** Lally-Green, Klein, Gantman
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9703967

## Opinion text

CONCURRING STATEMENT BY
KLEIN, J.:
¶ 1 I fully join in the result and the scholarly opinion by my distinguished colleague. I write separately only to note the practical reasons for the sentence structure established by the legislature. Often, a trial judge will wish to put a “tail” on a defendant’s sentence that extends beyond the time of his or her parole. Also, if there is a violation, the judge may wish to impose a new sentence that is longer than the amount of time remaining on the defendant’s parole. Therefore, there are often good reasons to impose both a sentence to a state institution and separate probation.
¶ 2 At the same time, it is inefficient to have two different entities and agents supervising the same defendant at the same time. Therefore, by using special probation to be supervised by the Pennsylvania Board of Probation and Parole, the agent handling the parole will also handle the probation. At the same time, the trial judge retains his or her authority to resen-tence if there is a violation. This scheme is logical and maintains judicial discretion without duplicating effort.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9703967. Public record. Not legal advice.