stating that appellant presents a substantial question when he alleges that the sentencing court did not adequately set forth its reasons for the sentence on the record
How later courts described this case
- stating that appellant presents a substantial question when he alleges that the sentencing court did not adequately set forth its reasons for the sentence on the record
- finding that appellant presented substantial question when he alleged that sentencing court did not adequately set forth its reasons on record for sentence imposed
- concluding an allegation that the sentencing court did not adequately set forth its reasons on the record presents a substantial question
- finding substantial question where court failed to place its reasons on the record for imposing an allegedly excessive sentence
Written by the judges who cited it.
The opinion
ORIE MELVIN, J.,
concurring:
¶ 1 I agree with the Majority’s opinion in all respects. I write separately to comment on the need to preserve the trial court’s discretion in fashioning a sentence under 42 Pa.C.S.A. § 9714(a)(2). I believe the trial court should have the discretion to selectively impose a sentence based upon the facts and circumstances of each individual case taking into consideration a number of factors including the gravity of the offense, the defendant’s character and background as well as the protection of the public safety.
¶ 2 If the trial court’s discretion is questioned, our Legislature may choose to move in the direction of other jurisdictions with similar repeat offender legislation, where the judiciary is prevented from exercising its discretionary powers and is required to impose a mandatory sentence of life imprisonment. See CaLPenal Code § 667; see also Lisa E. Cowart, Comment: Legislative Prerogative vs. Judicial Discretion: California’s Three Strikes Law Takes A Hit, 47 DePaul L.Rev. 615 (1998). Such an alternative would not benefit this Commonwealth and would send a message that our judiciary is not equipped to determine a sentence that would protect the public safety. I believe our judiciary has the experience, ability and common sense to determine each individual sentence on a case-by-case basis. Each day our trial courts mete out sentences with public safety in mind. A sentence imposed pursuant to § 9714(a)(2) should not be any different.
¶ 3 In the instant case, the Appellant is a dangerous and violent repeat sex offender who preys upon the frailties of defenseless elderly women. Under the facts and circumstances of this case, the trial court properly determined that a sentence of twenty-five (25) to fifty (50) years imprisonment was insufficient to protect the public safety.