At page 322 Trial court discretion in sentencing after probation revocation50 citing cases“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse (Footnote Continued Next Page) -5- 1/17/2025 ____________________________________________ of that discretion, will not be disturbed on appeal”
- Com. v. Washington, J., No. 1487 WDA 2023 (Pa. Super. Ct. Jan. 17, 2025).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse (Footnote Continued Next Page) -5- 1/17/2025 ________________…”
- Com. v. Burgos-Nunez, J., No. 616 MDA 2023 (Pa. Super. Ct. Jan. 29, 2024).unpublished “[i]n general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Adams, P., No. 1261 EDA 2021 (Pa. Super. Ct. Apr. 11, 2022).unpublished“In general, the imposition of a sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Anderson, L., No. 1314 WDA 2020 (Pa. Super. Ct. July 8, 2021).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. McDonald, L., No. 1594 EDA 2020 (Pa. Super. Ct. June 10, 2021).unpublished “[i]n general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Brice, D., No. 588 WDA 2019 (Pa. Super. Ct. June 22, 2020).unpublished“[i]n general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Erwin, A., No. 2275 EDA 2018 (Pa. Super. Ct. July 22, 2019).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Akins, D., No. 1520 WDA 2018 (Pa. Super. Ct. July 19, 2019).unpublishedNevertheless, we decline to waive the remaining issues on this basis. -5 J -S20035-19 v. Hoover, 909 A.2d 321, 322 (Pa.Super. 2006).
- Com. v. Mills, K., No. 3476 EDA 2017 (Pa. Super. Ct. Apr. 29, 2019).unpublishedCommonwealth v. Hoover, 909 A.2d 321, 322 (Pa. Super. 2006).
- Com. v. Arters, K., No. 3315 EDA 2017 (Pa. Super. Ct. Oct. 15, 2018).unpublishedCommonwealth v. Hoover, 909 A.2d 321, 322 (Pa. Super. 2006) (citations omitted).
Show 40 more citing cases
- Com. v. Carey, J., No. 3570 EDA 2016 (Pa. Super. Ct. Sept. 6, 2018).unpublishedCommonwealth v. Hoover, 909 A.2d 321, 322-323 (Pa. Super. 2006) (citations omitted).
- Com. v. Miller, T., Jr., No. 1183 MDA 2017 (Pa. Super. Ct. June 15, 2018).unpublished“[o]ur standard of review is limited to determining the validity of the probation revocation proceedings and the authority of the sentencing court to consider the same sentencing alternatives that it had at the time of t…”
- Com. v. Miller, H., No. 545 WDA 2017 (Pa. Super. Ct. June 11, 2018).unpublished“In general, the imposition of a sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Joyner, M., No. 1101 EDA 2017 (Pa. Super. Ct. Mar. 23, 2018).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Fulmer, R., No. 531 WDA 2017 (Pa. Super. Ct. Jan. 12, 2018).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Casey, D., No. 1494 EDA 2015 (Pa. Super. Ct. Dec. 21, 2017).unpublished “In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, -7- J-A28015-17 absent an abuse of that discretion, will not be disturbed on…”
- Com. v. Sappington, J., No. 1622 EDA 2017 (Pa. Super. Ct. Dec. 19, 2017).unpublished “In general, the imposition of a sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Stark, D., No. 1469 WDA 2016 (Pa. Super. Ct. Sept. 15, 2017).unpublishedOnce probation has been revoked, a sentence of total confinement may be imposed if any of the following conditions exist: (1) the defendant has been convicted of another crime; or (2) the conduct of the defendant indicates that it is likel…
- Com. v. Vasilinda, R., No. 316 WDA 2017 (Pa. Super. Ct. Sept. 12, 2017).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Marchese, G., No. 39 MDA 2017 (Pa. Super. Ct. Sept. 11, 2017).unpublished“[o]ur standard of review is limited to determining the validity of the probation revocation proceedings and the authority of the sentencing court to consider the same sentencing alternatives that it had at the time of t…”
- Com. v. Ugarte, D., No. 51 MDA 2017 (Pa. Super. Ct. July 26, 2017).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Luke, B., No. 724 MDA 2016 (Pa. Super. Ct. Mar. 7, 2017).unpublished“[o]ur standard of review is limited to determining the validity of the probation revocation proceedings and the authority of the sentencing court to consider the same sentencing alternatives that it had at the time of t…”
- Com. v. Hartman, A., No. 1800 MDA 2015 (Pa. Super. Ct. Aug. 26, 2016).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Ceykovsky, A., No. 2969 EDA 2015 (Pa. Super. Ct. July 15, 2016).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Bailey, J., No. 3349 EDA 2014 (Pa. Super. Ct. June 10, 2016).unpublished“limited to determining the validity ... and the authority of the sentencing court to consider the same sentencing alternatives that it had at the time of the initial sentencing”
- Com. v. Tartal, J., No. 1791 WDA 2015 (Pa. Super. Ct. May 16, 2016).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Johnston, T., No. 1777 WDA 2015 (Pa. Super. Ct. May 9, 2016).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Stewart, J., Jr., No. 1332 MDA 2015 (Pa. Super. Ct. Apr. 29, 2016).unpublishedCommonwealth v. Hoover, 909 A.2d 321, 322-23 (Pa.Super. 2006). -5- J-S27039-16 Instantly, it appears that Appellant has waived his discretionary aspects of sentencing claim for failing to preserve it at sentencing or in a post-sentence mot…
- Com. v. Russell, R., No. 2823 EDA 2014 (Pa. Super. Ct. Jan. 12, 2016).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, - 12 - J-S01036-16 absent an abuse of that discretion, will not be disturbed…”
- Com. v. Dockery, L., No. 3483 EDA 2013 (Pa. Super. Ct. Dec. 8, 2015).unpublishedCommonwealth v. Hoover, 909 A.2d 321, 322-23 (Pa. Super. 2006).
- Com. v. Mummert, S., No. 1635 MDA 2014 (Pa. Super. Ct. Oct. 14, 2015).unpublished“Our standard of review is limited to determining the validity of the probation revocation proceedings and the authority of the sentencing court to consider the same sentencing alternatives that it had at the time of the…”
- Com. v. White, A., No. 206 MDA 2015 (Pa. Super. Ct. Aug. 28, 2015).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Pusateri, A., No. 1210 WDA 2014 (Pa. Super. Ct. Aug. 11, 2015).unpublishedCommonwealth v. Hoover, 909 A.2d 321, 322-323 (Pa. Super. 2006). -3- J-S32011-15 When assessing whether to revoke probation, the trial court must balance the interests of society in preventing future criminal conduct by the defendant again…
- Com. v. Demiko, W., No. 3385 EDA 2014 (Pa. Super. Ct. July 28, 2015).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Alston, W., No. 1733 EDA 2014 (Pa. Super. Ct. July 17, 2015).unpublished“limited to determining the validity ... and the authority of the sentencing court to consider the same sentencing alternatives that it had at the time of the initial sentencing”
- Com. v. Jennings, H., No. 1987 EDA 2014 (Pa. Super. Ct. July 14, 2015).unpublished “In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Ross, N., No. 1208 EDA 2014 (Pa. Super. Ct. Apr. 13, 2015).unpublished Commonwealth v. Hoover, 909 A.2d 321, 322-23 (Pa. Super. 2006).
- Com. v. Rubly, L., No. 306 WDA 2014 (Pa. Super. Ct. Jan. 27, 2015).unpublished“In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal”
- Com. v. Baun, N., No. 381 WDA 2014 (Pa. Super. Ct. Dec. 19, 2014).unpublished“Our standard of review is limited to determining the validity of the probation revocation proceedings and the authority of the sentencing court to consider the same sentencing alternatives that it had at the time of the…”
- Commonwealth v. Phillips, 946 A.2d 103 (Pa. Super. Ct. 2008).published
- Com. v. Fink, III, O., No. 1598 MDA 2013 (Pa. Super. Ct. Nov. 18, 2014).unpublished
- Com. v. Marshall, D., No. 2702 EDA 2013 (Pa. Super. Ct. Nov. 24, 2014).unpublished
- Com. v. Rudski, R., No. 411 WDA 2014 (Pa. Super. Ct. Dec. 16, 2014).unpublished
- Com. v. Redshaw, W., No. 316 WDA 2014 (Pa. Super. Ct. Dec. 18, 2014).unpublished
- Com. v. Davis, J., No. 2351 EDA 2014 (Pa. Super. Ct. Oct. 6, 2015).unpublished
- Com. v. Williams, J., No. 1128 MDA 2015 (Pa. Super. Ct. Aug. 26, 2016).unpublished
- Com. v. Miller, S., No. 882 MDA 2017 (Pa. Super. Ct. Nov. 28, 2017).unpublished
- Com. v. Sims, J., No. 1408 EDA 2018 (Pa. Super. Ct. Dec. 24, 2018).unpublished
- Commonwealth v. Infante, 63 A.3d 358 (Pa. Super. Ct. 2013).published
- Commonwealth v. Edwards, 71 A.3d 323 (Pa. Super. Ct. 2013).published
At page 323 Determining scope of review for probation revocation13 citing cases“our standard of review is limited to determining the validity of the probation revocation proceedings and the authority of the sentencing court to consider the same sentencing alternatives that it had at the time of the initial sentencing.”
- Com. v. Simmons, D., 262 A.3d 512 (Pa. Super. Ct. 2021).unpublishedCommonwealth v. Allhouse, 33 A.3d 39 (Pa.Super. 2011); Commonwealth v. Hoover, 909 A.2d 321, 323-24 (Pa.Super. 2006); Commonwealth v. Ware, 737 A.2d 251, 253-54 (Pa.Super. 1999); Miller, supra at 1265-66 ; Commonwealth v. Dickens, 475 A.2d…
- Com. v. Reavis, A., No. 1360 EDA 2018 (Pa. Super. Ct. Sept. 6, 2019).unpublishedSee Commonwealth v. Allshouse, 33 A.3d 31, 39 (Pa. Super. 2011); Commonwealth v. Hoover, 909 A.2d 321, 323-324 (Pa. Super. 2006); Commonwealth v. Ware, 737 A.2d 251, 253-254 (Pa. Super. 1999); Commonwealth v. Miller, 516 A.2d 1263, 1265-12…
- Com. v. Washington, R., No. 1720 EDA 2018 (Pa. Super. Ct. Apr. 17, 2019).unpublishedCommonwealth v. Hoover, 909 A.2d 321, 323-24 (Pa.Super. 2006) (internal quotation marks and citation omitted; emphasis in original) (quoting Commonwealth v. Wendowski, 420 A.2d 628, 630 (Pa.Super. 1980)).
- Com. v. Roberts, P., No. 1983 EDA 2017 (Pa. Super. Ct. Mar. 2, 2018).unpublishedAlthough Appellant’s consecutive sentence of probation in Bucks County was not to begin until June 8, 2016, in Commonwealth v. Hoover, 909 A.2d 321, 323 (Pa.Super. 2006), this Court reiterated that one’s probation may be revoked prior to h…
- Com. v. Goff, A., No. 1553 EDA 2016 (Pa. Super. Ct. Dec. 19, 2017).unpublished Commonwealth v. Hoover, 909 A.2d 321, 323 (Pa.Super. 2006) (quoting Commonwealth v. Wendowski, 420 A.2d 628, 630 (Pa.Super. 1980)) (emphasis in original, internal quotation marks omitted).
- Com. v. Seekins, S., No. 420 WDA 2017 (Pa. Super. Ct. Dec. 18, 2017).unpublished This Court has held that “a defendant’s probationary sentence could be revoked prior to commencement of such sentence if his conduct after the probationary sentence was imposed, but before it began, warranted such revocation.” Id. at 323 (…
- Com. v. Shonk, A., No. 526 MDA 2017 (Pa. Super. Ct. Oct. 18, 2017).unpublished See ____________________________________________ 2 Appellant’s counsel includes this issue in her Pa.R.A.P. 2119(f) statement; however, it seems more appropriately a challenge to the legality of the sentence rather the discretionary aspect…
- Com. v. Larocco, J., No. 2452 EDA 2016 (Pa. Super. Ct. May 12, 2017).unpublishedHowever, Appellant “does not dispute that his probation could be revoked prior to him beginning it.” Appellant’s Brief at 13 n.1 (citing Commonwealth v. Hoover, 909 A.2d 321, 323 (Pa. Super. 2006)). -2- J-S10045-17 I hearing, and the trial…
- Com. v. Alexander, K., No. 1066 EDA 2014 (Pa. Super. Ct. Nov. 17, 2015).unpublishedWhen a court has determined that probation should be revoked it can institute a punishment of total confinement; "a sentence of total confinement may be imposed if and only if the following conditions exist: (1) the defendant has been conv…
- Com. v. Ross, N., No. 1208 EDA 2014 (Pa. Super. Ct. Apr. 13, 2015).unpublished Commonwealth v. Hoover, 909 A.2d 321, 322-23 (Pa. Super. 2006).
Show 3 more citing cases
- Com. v. White, V., No. 738 WDA 2016 (Pa. Super. Ct. May 11, 2017).unpublished
- Com. v. Horner, A., No. 1889 WDA 2017 (Pa. Super. Ct. Oct. 31, 2018).unpublished
- Com. v. Reavis, A., No. 1360 EDA 2018 (Pa. Super. Ct. Aug. 18, 2021).unpublished
At page 324 Affirming revocation of probation for violating work release terms5 citing cases“demonstrate[d] to the court that he is unworthy of probation[.]”
- Com. v. Smith, K., No. 69 MDA 2018 (Pa. Super. Ct. Jan. 2, 2019).unpublished“demonstrate[d] to the court that he is unworthy of probation[.]”
- Com. v. Haliday, A., No. 1380 EDA 2016 (Pa. Super. Ct. Oct. 20, 2017).unpublishedId. at 324 (citations and quotation marks omitted).
- Com. v. Brown, M., No. 651 MDA 2015 (Pa. Super. Ct. Feb. 4, 2016).unpublished
- Com. v. Spaulding, C., No. 1427 WDA 2016 (Pa. Super. Ct. May 30, 2017).unpublished
- Com. v. Isaac, M., No. 1187 EDA 2018 (Pa. Super. Ct. Nov. 7, 2018).unpublished
v.
William James HOOVER, Jr.
OPINION BY
TODD, J.:¶ 1 William James Hoover, Jr. appeals the judgment of sentence imposed by the Honorable Anthony J. Vardaro of the Court of Common Pleas of Crawford County whereby Hoover’s probation, previously imposed at two separate docket numbers, was revoked following a hearing. We affirm.
¶ 2 Appellant was sentenced by the trial court following two separate convictions of driving under the influence of alcohol (“DUI”).[1] At docket number CR 992-2003, he was sentenced on July 29, 2004, to 11)6 to 24 months imprisonment, less one day, followed by three years probation. At docket number CR 402-2004, he was sentenced, on October 26, 2004, to a consecutive sentence of 11/6 to 24 months imprisonment, less one day, followed by another three years probation. The record reveals that, in January 2005, while serving his first term of imprisonment at CR 992-2003, Appellant was granted work release/community service privileges. On July 19, 2005, Appellant was paroled at CR 992-2003, but was still serving the incarceration portion of his sentence imposed at CR 402-2004. He had not yet started to serve the probationary period in either of his sentences.
¶3 On November 9, 2005, Appellant returned to the Crawford County Correctional Facility from work release and exhibited signs of intoxication. Two breathalyzer tests at the prison yielded blood alcohol content results of .156 and .152. Inmate misconduct charges were filed, and Appellant pled guilty on November 15, 2005.
¶ 4 A Gagnon II2 probation revocation hearing was conducted on December 21, 2005 before Judge Vardaro. The judge determined that Appellant had violated the terms and conditions of his probationary sentences imposed at both docket numbers by consuming alcoholic beverages while on work release, and revoked his probation in each case, resentencing Appellant to consecutive terms of 1)6 years to 3 years imprisonment in each case. In doing so, the judge concluded that Appellant was likely to commit new crimes while on probation. Appellant timely appealed, presenting one question for our consideration, which we have paraphrased: Whether it is beyond the trial court’s authority to revoke the probationary period of Appellant’s sentence before it commenced where Appellant committed no additional crime, but violated work release policy? (Appellant’s Brief at 5.)
¶ 5 In general, the imposition of sentence following the revocation of probation is vested within the sound discretion of the trial court, which, absent an abuse of that discretion, will not be disturbed on appeal. Commonwealth v. Sierra, 752 A.2d 910, 913 (Pa.Super.2000). Our standard of re[*323]view is limited to determining the validity of the probation revocation proceedings and the authority of the sentencing court to consider the same sentencing alternatives that it had at the time of the initial sentencing. 42 Pa.C.S.A. § 9771(b); Commonwealth v. Gheen, 455 Pa.Super. 499, 501, 688 A.2d 1206, 1207-08 (1997) (the scope of review in an appeal following a sentence imposed after probation revocation is limited to the validity of the revocation proceedings and the legality of the judgment of sentence). Once probation has been revoked, a sentence of total confinement may be imposed if any of the following conditions exist: (1) the defendant has been convicted of another crime; or (2) the conduct of the defendant indicates that it is likely that he will commit another crime if he is not imprisoned; or, (8) such a sentence is essential to vindicate the authority of court. 42 Pa.C.S.A. § 9771(c); Commonwealth v. Coolbaugh, 770 A.2d 788, 792 (Pa.Super.2001).
¶ 6 Although Appellant does not dispute that he was intoxicated while on work release, he argues that the trial court exceeded its authority by revoking both of the probationary periods of his DUI sentences before he had begun to serve either of them. (Appellant’s Brief at 10-11.) He argues that the case law of this Commonwealth authorizes a trial court to revoke probationary sentences not yet begun only when a defendant has committed a new crime, and not merely a violation of a work release rule. (Id.) Accordingly, he seeks remand of this matter to the trial court for resentencing.
¶ 7 In support of his decision to revoke Appellant’s probation, Judge Vardaro cited our decisions in Commonwealth v. Miller, 858 Pa.Super. 219, 516 A.2d 1263 (1986), and Commonwealth v. Wendowski, 278 Pa.Super. 453, 420 A.2d 628 (1980), wherein we held that a defendant’s probationary sentence could be revoked prior to commencement of such sentence if his conduct after the probationary sentence was imposed, but before it began, warranted such revocation. Appellant argues that because the appellants in both Miller and Wendow-ski actually committed new criminal offenses before their probationary sentences were revoked, his case is distinguishable because he was merely intoxicated and committed no crime. (Appellant’s Brief at 11.) We disagree.
¶ 8 Although the appellant in Miller did, in fact, commit new criminal offenses before his probationary period had commenced, and not simply work release policy violations as in the present case, he challenged the trial court’s jurisdiction to revoke his probation in advance. Miller, 358 Pa.Super. at 222, 516 A.2d at 1264. In affirming the trial court’s judgment of sentence, we relied on our prior holding in Wendowski, wherein we stated:
If, at any time before the defendant has completed the maximum period of probation, or before he has begun service of his probation, he should commit offenses of such nature as to demonstrate to the court that he is unworthy of probation and that the granting of the same would not be in subservience to the ends of justice and the best interests of the public, or the defendant, the court could revoke or change the order of probation. A defendant on probation has no contract with the court. He is still a person convicted of crime, and the expressed intent of the Court to have him under probation beginning at a future time does not “change his position from the possession of a privilege to the enjoyment of a right.” Burns v. United States, 287 U.S. 216, 222, 53 S.Ct. 154, 156, 77 L.Ed. 266, 269 (1932).
Wendowski, 278 Pa.Super. at 456, 420 A.2d at 630 (emphasis in original) (quoting[*324] James v. United States, 140 F.2d 392, 394 (5th Cir.1944) (Waller, J., concurring)).
¶ 9 Although Appellant herein did not, strictly speaking, violate the law by becoming intoxicated, he clearly violated the terms of his work release and “demonstrate[d] to the court that he is unworthy of probation and that the granting of the same would not be in subservience to the ends of justice [or] the best interests of the public.” Wendowski, 278 Pa.Super. at 456, 420 A.2d at 630. The record reflects that the trial judge was cognizant of Appellant’s extensive history of alcohol abuse, numerous prior DUI convictions, and apparent inability to control his addiction to alcohol. The court concluded that, in light of Appellant’s behavior, Appellant would be difficult to supervise while on probation and posed a risk to the community in that he was likely to commit new crimes. (Trial Court Opinion, 2/2/06, at 2.)
¶ 10 Following our review of the record before us and applicable case law and statutes, we conclude that the trial judge was within his authority to enter an order revoking Appellant’s probation and imposing sentences of imprisonment. We, therefore, affirm Appellant’s judgment of sentence.
¶ 11 Judgment of sentence AFFIRMED.
¶ 12 BENDER, J. notes dissent.75Pa.C.S.A. § 3731.
Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).