Com. v. Alston, 920 A.2d 830 (Pa. 2007). · Go Syfert
Com. v. Alston, 920 A.2d 830 (Pa. 2007). Cases Citing This Book View Copy Cite
“thus, we conclude that the trial court did not abuse its discretion when it found that appellant was a sexually violent predator.... accordingly, we affirm the judgment of sentence.”
36 citation events (36 in the last 25 years) across 3 distinct courts.
Strongest positive: Commonwealth v. Harris (pasuperct, 2009-04-22)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (quoted) Commonwealth v. Harris
Pa. Super. Ct. · 2009 · quote attribution · 1 verbatim quote · confidence low
thus, we conclude that the trial court did not abuse its discretion when it found that appellant was a sexually violent predator.... accordingly, we affirm the judgment of sentence.
discussed Cited "see" Com. v. Nigro, M.
Pa. Super. Ct. · 2022 · signal: see · confidence high
As we repeatedly have made clear, “the risk of re-offending is merely a factor to be considered in making an SVP determination, and not an independent element.” Stephens, supra at 1039 ; see Commonwealth v. Dixon, 907 A.2d 533, 537, 539 (Pa. Super. 2006) (explaining that “every Commonwealth expert who testifies that an individual is an SVP must examine, and render an opinion on, whether the individual is likely to re- offend. [However], the precise manner of meeting this burden is not analyzed in terms of a strict, three-prong test” because neither this Court nor our Supreme Court “h…
discussed Cited "see" Com. v. Zayas, R.
Pa. Super. Ct. · 2015 · signal: see · confidence high
When a person is convicted of one or more offenses set forth in section 9795.1, the trial court must order that an SVP assessment be performed by the Pennsylvania Sexual Offenders Assessment Board (SOAB), which is comprised, of “psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.” 42 Pa.C.S.A. § 9795.4; see - 13 - J-A21024-15 also Commonwealth v. Dixon, 907 A.2d 533, 535 (Pa. Super. 2006), appeal denied, 920 A.2d 830 (Pa. 2007).
discussed Cited "see" Commonwealth v. Rose
Pa. Super. Ct. · 2008 · signal: accord · confidence high
In that case, the conviction for the second crime cannot stand, “[g]iven the special weight afforded acquittals.” Magliocco, 883 A.2d at 493 ; accord Commonwealth v. Austin, 906 A.2d 1213, 1220-1222 (Pa.Super.2006) (evidence *159 was insufficient to find the defendant guilty of second-degree murder where the Commonwealth formally charged the defendant with robbery as the underlying predicate felony, and the jury specifically acquitted the defendant of robbery), appeal denied, 591 Pa. 721 , 920 A.2d 830 (2007); compare Commonwealth v. Robinson, 936 A.2d 107 (Pa.Super.2007) (acquittal for th…
discussed Cited "see, e.g." Com. v. Gales, A.
Pa. Super. Ct. · 2016 · signal: see also · confidence low
When a person is convicted of one or more offenses set forth in section 9795.1, the trial court must order an SVP assessment by the Pennsylvania Sexual Offenders Assessment Board (SOAB), which is comprised, of “psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.” 42 Pa.C.S.A. § 9795.4; see also generally Commonwealth v. Dixon, 907 A.2d 533, 535 (Pa. Super. 2006), appeal denied, 920 A.2d 830 (Pa. 2007).
Retrieving the full opinion text from the archive…
COM.
v.
ALSTON[2].
594 EAL (2006).
Supreme Court of Pennsylvania.
Apr 10, 2007.
920 A.2d 830

Disposition of petition for allowance of appeal. Denied.

2 Justice FITZGERALD did not participate in the consideration or decision of this matter.