green
Positive treatment
Quoted verbatim 3×
54.7 score
G Cite
cited 2× by 2 distinct cases ·
…if no statutory authorization exists for a particular sentence, that sentence is illegal and subject to correction.
at p. 951
⚠ not in text
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018
2022
2026
Top citers, strongest first. 43 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Com. v. Book, S.
(2×)
also: Cited "see, e.g."
a claim based upon the failure to give credit for time served is a challenge implicating the legality of one's sentence.
discussed
Cited as authority (verbatim quote)
Com. v. Payne, A.
if no statutory authorization exists for a particular sentence, that sentence is illegal and subject to correction.
discussed
Cited as authority (quoted)
Commonwealth v. Prieto
if no statutory authorization exists for a particular sentence, that sentence is illegal and subject to correction.
discussed
Cited as authority (rule)
Com. v. Schell, P.
Id. at 6 (citing Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017), for the proposition that “[i]f no statutory authorization exists for a particular sentence, that sentence is illegal and subject to correction”).
cited
Cited as authority (rule)
Com. v. Kocott, J.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017).
cited
Cited as authority (rule)
Com. v. Dixon, D.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017).
cited
Cited as authority (rule)
Com. v. Mitchell, B.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
cited
Cited as authority (rule)
Com. v. Strine, D.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017).
cited
Cited as authority (rule)
Com. v. White, H.
Apr. 9, 2021) (quoting Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa.Super. 2017)).
discussed
Cited as authority (rule)
Com. v. Snyder, C.
We read Reslink for the limited proposition that constitutional claims for relief directed at Pennsylvania’s sexual offender registration regime that concern the presumption of recidivism discussed in Torsilieri are subject to waiver under Rule 302(a), regardless of whether that claim sounds in legality of sentence. 12 There is no indication that the fines imposed upon Appellant by the trial court were mandated by statute or by law. - 20 - J-S35012-20 Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa.Super. 2017) (internal citations and quotation marks omitted).
discussed
Cited as authority (rule)
Com. v. Snyder, C.
We read Reslink for the limited proposition that constitutional claims for relief directed at Pennsylvania’s sexual offender registration regime that concern the presumption of recidivism discussed in Torsilieri are subject to waiver under Rule 302(a), regardless of whether that claim sounds in legality of sentence. 12 There is no indication that the fines imposed upon Appellant by the trial court were mandated by statute or by law. - 20 - J-S35012-20 Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa.Super. 2017) (internal citations and quotation marks omitted).
cited
Cited as authority (rule)
Com. v. Gary-Ravenell, K.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
cited
Cited as authority (rule)
Com. v. Hudson, M.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
cited
Cited as authority (rule)
Com. v. Hudson, M.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
discussed
Cited as authority (rule)
Com. v. Goodman, J.
“A plea of guilty constitutes a waiver of all nonjurisdictional defects and defenses and waives the right to challenge anything but the legality of [the] sentence and the validity of [the] plea.” Commonwealth v. Luciani, 201 A.3d 802, 806-07 (Pa.Super. 2018) (quoting Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa.Super. 2017)).
cited
Cited as authority (rule)
Com. v. McCabe, J.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
cited
Cited as authority (rule)
Com. v. McCabe, J.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
discussed
Cited as authority (rule)
Com. v. Harley, R.
Here, appellant’s contention that the trial court failed to properly award credit for time-served implicates the legality of his sentence, and “[a] claim challenging the legality of sentence is appealable as of right.” Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa.Super. 2017) J.
cited
Cited as authority (rule)
Com. v. Nole, J.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
cited
Cited as authority (rule)
Com. v. Hill, M.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
cited
Cited as authority (rule)
Com. v. Rodriguez-Pena, H.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017).
discussed
Cited as authority (rule)
Com. v. Ransome, K.
(2×)
also: Cited "see, e.g."
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
cited
Cited as authority (rule)
In Re: Secreti, J., Appeal of: Secreti, J.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (internal citation omitted).
discussed
Cited as authority (rule)
Com. v. Figueroa, J., Jr.
Although Appellant frames this as a challenge to the discretionary aspects of his sentence, “a claim based upon the failure to give credit for time served is a challenge implicating the legality of one’s sentence.” Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (cleaned up).
cited
Cited as authority (rule)
Com. v. Hagerty, C.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017).
cited
Cited as authority (rule)
Com. v. Slebodnick, M.
Commonwealth v. Dixon, 161 A.3d 949, 952 (Pa. Super. 2017) (quoting Commonwealth v. Leverette, 911 A.2d 998 , 1001–1002 (Pa. Super. 2006).
discussed
Cited as authority (rule)
Com. v. Ballard, A.
Prothonotary Date: 4/2/2018 ____________________________________________ 6Additionally, we note that Appellant entered a negotiated guilty plea in this matter, which “constitutes a waiver of all nonjurisdictional defects and defenses and waives the right to challenge anything but the legality of [the] sentence and the validity of [the] plea.” Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation and internal quotation marks omitted).
cited
Cited as authority (rule)
Com. v. Townsend, L.
A claim challenging the legality of sentence is appealable as of right.” Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa.Super. 2017).
discussed
Cited as authority (rule)
Com. v. Jordan, C.
“A plea of guilty constitutes a waiver of all non- jurisdictional defects and defenses, and waives the right to challenge anything but the legality of sentence and the validity of the plea.” Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (citation omitted).
cited
Cited as authority (rule)
Com. v. Bowman, M.
Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (quoting Commonwealth v. Leverette, 911 A.2d 998, 1001-02 (Pa. Super. 2006)).
discussed
Cited "see"
Com. v. Rizzuto, M.
See Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017) (explaining that the entry of a guilty plea cures any defect that may have occurred at the preliminary hearing stage and generally constitutes waiver of any errors from the preliminary hearing).
cited
Cited "see"
Com. v. Lipinski, A.
See Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017).
discussed
Cited "see"
M.K.K. Ortiz, Sr. v. Philadelphia Police Dept.
Guarrasi v. Scott, 25 A.3d 394 , 400 n.5 (Pa. Cmwlth. 2011); accord Pennsylvania Independent Oil & Gas Association v. Department of Environmental Protection, 135 A.3d 1118, 1123 (Pa. Cmwlth. 2015), aff’d, 161 A.3d 949 (Pa. 2017). 7 incarceration for unspecified offenses.
discussed
Cited "see"
PA Independent Oil & Gas Assoc. v. DEP & EQB of the Com. of PA
Guarrasi v. Scott, 25 A.3d 394 , 400 n.5 (Pa. Cmwlth. 2011); accord Pennsylvania Independent Oil & Gas Association v. Department of Environmental Protection, 135 A.3d 1118, 1123 (Pa. Cmwlth. 2015), aff’d, 161 A.3d 949 (Pa. 2017). 11 b.
discussed
Cited "see"
S. Freemore v. DOC
Pa. R.A.P. 1532, Note; see Pennsylvania Independent Oil and Gas Association v. Department of Environmental Protection, 146 A.3d 820 , 821 n.3 (Pa. Cmwlth. 2016), aff’d, 161 A.3d 949 (Pa. 2017) (holding that an application for summary relief under Pa. R.A.P. 1532 and a motion for judgment on the pleadings under Pa. R.C.P.
discussed
Cited "see"
Com. v. Johnson, R.
See Commonwealth v. Dixon, 161 A.3d 949, 951 (Pa. Super. 2017)(reiterating that “a plea of guilty constitutes a waiver of all non-jurisdictional defects and defenses” and “waived the right to challenge anything but the legality of [the] sentence and [the] validity of the plea”).
discussed
Cited "see"
Com. v. Royster, D.
See Commonwealth v. Dixon, 161 A.3d 949 (Pa.Super. 2017) (stating challenge to court’s failure to give credit for time served implicates legality of sentence); Commonwealth v. Edrington, 780 A.2d 721 (Pa.Super. 2001) (maintaining legality of sentence claims cannot be waived, where reviewing court has proper jurisdiction).
discussed
Cited "see, e.g."
Com. v. Griffith, M.
See Commonwealth v. Kyle, 874 A.2d 12, 18 (Pa. 2005) (holding that “criminal defendants are not entitled to credit against a sentence of imprisonment for time spent subject to home monitoring programs.”); see also Commonwealth v. Dixon, 161 A.3d 949, 952 (Pa. Super. 2017) (explaining that time spent on home confinement with electronic monitoring is not counted as time-served as it is not time spent in custody pursuant to Section 9760(1); 42 Pa.C.S. § 9760(1). -8- J-S39035-22 Here, the record reflects that successful completion of the DUI wellness court program was a specific condition of …
discussed
Cited "see, e.g."
Delaware Riverkeeper Network v. Middlesex Twp. ZHB v. PennEnergy Resources, LLC
See, e.g., Pennsylvania Independent Oil and Gas Association v. Department of Environmental Protection, 146 A.3d 820 (Pa. Cmwlth. 2016), [aff’d, 161 A.3d 949 (Pa. 2017)] (discussing DEP’s permitting process for unconventional gas wells).
discussed
Cited "see, e.g."
D. Frederick, P. Hagaman, and B. Taylor v. Allegheny Twp. ZHB v. CNX Gas Company, LLC. v. Allegheny Twp. v. J.H. Slike and A.E. Slike, Northmoreland Farms LP v. M. Golembeiwski
See, e.g. , Pennsylvania Independent Oil and Gas Association v. Department of Environmental Protection , 146 A.3d 820 (Pa. Cmwlth. 2016), affirmed , 640 Pa. 117 , 161 A.3d 949 (2017) (discussing DEP's permitting process for unconventional gas wells).
discussed
Cited "see, e.g."
Keystone ReLeaf, LLC v. Pennsylvania Department of Health, Office of Medical Marijuana
See Lehman , 839 A.2d at 276 ; see also Pennsylvania Independent Oil & Gas Association v. Department of Environmental Protection , 146 A.3d 820 , 830 (Pa. Cmwlth. 2016), aff'd , 161 A.3d 949 (Pa. 2017) (concerns over how an agency exercises its authority under the law with respect to permit applications are better left to the administrative agency process, followed by review in our appellate jurisdiction).
Retrieving the full opinion text from the archive…
PENNSYLVANIA INDEPENDENT OIL & GAS ASSOCIATION
v.
COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION
v.
COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION
No. 96 MAP 2016.
Supreme Court of Pennsylvania.
Jun 20, 2017.
Published
Citer courts: Superior Court of Pennsylvania (1)
ORDER
PER CURIAMAND NOW, this 20th day of June, 2017, the Order of the Commonwealth Court is AFFIRMED.