Commonwealth v. Giffin
Commonwealth v. Giffin
Opinion of the Court
This is an appeal from the sentence of the Court of Common Pleas of Lawrence County, by the defendant-appellant, Kevin Giffin.
The defendant pled guilty to the charge of corrupting the morals of a minor on April 19, 1977. He was sentenced on July 19, 1977 to pay the costs of prosecution, a fine of $2500.00 and to undergo imprisonment for a term of not less than two (2) years nor more than five (5) years. He was given credit for thirty-two (32) days already served.
Generally, the imposition of a sentence by the court is a matter within the sound discretion of the trial court and will not be disturbed on appeal so long as it is within statutory limits. Commonwealth v. Hill, 453 Pa. 349, 310 A.2d 88 (1973). However, the sentencing court must at least consider the particular circumstances of facts and character of the defendant in its sentencing determination, and the failure to give such individualized consideration requires that the sentences be vacated. Commonwealth v. Martin, 466 Pa. 118, 351 A.2d 650 (1976). In Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977), decided on August
Judgment of sentence vacated, and case remanded for resentencing.
Dissenting Opinion
dissenting:
I respectfully dissent. I would affirm on the Opinion of Judge Reed of the court below.
Appellant’s brief to this court upon appeal states the questions involved to be:
“STATEMENTS OF QUESTIONS INVOLVES Tsicl
1. Whether the sentence imposed upon the Appellant was so manifestly excessive as to constitute too severe a punishment.
2. Was there sound and just reasons by the Court justifying the sentence of Appellant?”
I would affirm the judgment of sentence.
Concurring Opinion
concurring:
I join the majority opinion but write separately to emphasize two matters. First, our Supreme Court has held that the rule announced in Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977), applies to cases which were on direct appeal at the time of that decision. Commonwealth v. Mitchell, 487 Pa. 569, 410 A.2d 758 (1980); Commonwealth v. Jefferson, 484 Pa. 115, 398 A.2d 971 (1979); Commonwealth v. Kostka, 475 Pa. 85, 379 A.2d 884 (1977). Therefore, we must apply the Riggins rule to this case. Additionally, our Court has held that Riggins requires the trial court to state its reasons for the sentence imposed on the record at the time of sentencing, rather than in its opinion. Commonwealth v. Young, 272 Pa.Super. 82, 414 A.2d 679 (1979). Therefore, even if the reasons stated in the trial court’s opinion in this case were sufficient to meet the Riggins requirement, it would still be necessary to remand for resen-tencing.
Dissenting Opinion
dissenting:
I dissent. As I view this case, the trial judge has furnished a statement of reasons which are sufficient to establish that he did not abuse his discretion in imposing the particular sentence chosen.
Dissenting Opinion
dissenting:
I respectfully dissent because I believe the majority ignores the mandate of Pa.R.A.P. 1925(b). Pursuant to Pa.R. A.P. 1925(b), the trial judge entered an order directed to appellant to file a concise statement of the matters complained of on appeal. In response to that order, appellant, by counsel, filed the following:
“STATEMENT OF MATTERS ON APPEAL
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Pursuant to the Order of Court of September 21, 1977, Kevin Giffin has appealed judgment of the sentence.
Mr. Giffin has also requested that he be allowed to withdraw his guilty plea, which has been denied by this Court of Common Pleas.
William M. Panella William P. Panella
Assistant Public Defender”
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Kevin GIFFIN, Appellant
- Cited By
- 11 cases
- Status
- Published