Commonwealth v. Disalvo, 70 A.3d 900 (Pa. Super. Ct. 2013). · Go Syfert
Commonwealth v. Disalvo, 70 A.3d 900 (Pa. Super. Ct. 2013). Cases Citing This Book View Copy Cite
Quick Summary

A claim that a sentencing judge failed to adequately consider mitigating factors does not raise a substantial question for appellate review.

A defendant convicted of a fourth driving under suspension offense appeals a thirty-day incarceration sentence, arguing the trial court abused its discretion by failing to adequately consider mitigating factors, specifically that he was driving to obtain medication for his partner. The court must determine whether this claim raises a substantial question regarding the appropriateness of the sentence under the Sentencing Code. The court applies the rule that an allegation that a sentencing judge failed to consider or did not adequately consider certain factors does not raise a substantial question for appellate review. Because the defendant’s argument relies solely on the court’s alleged failure to weigh mitigating factors, the court concludes that no substantial question exists and affirms the sentence.

369 citation events (369 in the last 25 years) across 1 distinct court.
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Cited for
At page 903 Reviewing substantial question regarding sentencing factors234 citing cases[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a -6- J-S55041-17 substantial question for our review.45 citing courts put it this way · passage not found verbatim in the opinion (66%) · 204 listed here · 1 cautionary
  • Com. v. Robinson, R., No. 872 EDA 2021 (Pa. Super. Ct. Mar. 28, 2022).unpublished Cited "but see"
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review” (citation omitted))
  • Com. v. Williams, L., No. 2412 EDA 2024 (Pa. Super. Ct. Oct. 31, 2025).unpublished
    (This Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Cooper, N., No. 1313 EDA 2023 (Pa. Super. Ct. Sept. 25, 2024).unpublished
    (This Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Desouza, R., No. 738 MDA 2023 (Pa. Super. Ct. Dec. 7, 2023).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Auen, B., No. 581 WDA 2022 (Pa. Super. Ct. Feb. 15, 2023).unpublished
    (Accordingly, we conclude Appellant’s argument that the trial court failed to give adequate weight to mitigating factors does not present a substantial question appropriate for our review.)
  • Com. v. Young, G., No. 185 MDA 2020 (Pa. Super. Ct. July 23, 2020).unpublished
    (This Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Rippey, E., No. 627 MDA 2019 (Pa. Super. Ct. Mar. 20, 2020).unpublished
    (This Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Walker, R., No. 966 WDA 2019 (Pa. Super. Ct. Dec. 11, 2019).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Brown, D., No. 3096 EDA 2017 (Pa. Super. Ct. Sept. 10, 2019).unpublished
    ([A] claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Rodriguez, J., No. 404 EDA 2019 (Pa. Super. Ct. Aug. 23, 2019).unpublished
    ([A] claim of inadequate consideration of -8- mitigating factors does not raise a substantial question for our review.)
Show 194 more citing cases
  • Com. v. Rodriguez-Cruz, A., No. 1845 MDA 2017 (Pa. Super. Ct. June 6, 2019).unpublished
    (This Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Tucker, D., No. 1151 EDA 2018 (Pa. Super. Ct. Mar. 12, 2019).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Vonlunen, I., No. 413 WDA 2018 (Pa. Super. Ct. Dec. 31, 2018).unpublished
    (This Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Donley, D., No. 388 MDA 2018 (Pa. Super. Ct. Oct. 17, 2018).unpublished
    ([T]his Court has held on numerous occasions that a - 10 - J-S52034-18 claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Claiborne, C., No. 1546 MDA 2017 (Pa. Super. Ct. Sept. 26, 2018).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Hutchison, A., No. 151 WDA 2018 (Pa. Super. Ct. Sept. 6, 2018).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Menley, B., No. 340 EDA 2017 (Pa. Super. Ct. Dec. 29, 2017).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Spess, M., No. 444 MDA 2017 (Pa. Super. Ct. Oct. 11, 2017).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a -6- J-S55041-17 substantial question for our review.)
  • Com. v. Foster, K., No. Com. v. Foster, K. No. 1900 WDA 2016 (Pa. Super. Ct. July 10, 2017).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Rosendary, E., No. Com. v. Rosendary, E. No. 1503 WDA 2016 (Pa. Super. Ct. July 10, 2017).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Hunter, B., No. Com. v. Hunter, B. No. 858 WDA 2016 (Pa. Super. Ct. Feb. 10, 2017).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Sipes, D., No. 1988 MDA 2015 (Pa. Super. Ct. July 8, 2016).unpublished
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Salmond, B., No. 3151 EDA 2014 (Pa. Super. Ct. Nov. 16, 2015).unpublished
    (inadequate consideration of mitigating factors does not raise a substantial question)
  • Com. v. Brown, L., No. 535 WDA 2015 (Pa. Super. Ct. Sept. 28, 2015).unpublished 2 cites
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Com. v. Jones, J., No. 1916 WDA 2014 (Pa. Super. Ct. June 30, 2015).unpublished 2 cites
    ([T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.)
  • Commonwealth v. Bebout, 186 A.3d 462 (Pa. Super. Ct. 2018).published
    “argument that the trial court failed to give adequate weight to mitigating factors does not present a substantial question appropriate for our review.”
  • Com. v. Carter, K., No. 1435 EDA 2025 (Pa. Super. Ct. May 7, 2026).unpublished 2 cites
    “this Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial -5- question for our review”
  • Com. v. Santiago, L., No. 1946 EDA 2025 (Pa. Super. Ct. May 6, 2026).unpublished
    “this Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Morciglio-Figueroa, M., No. 879 MDA 2024 (Pa. Super. Ct. Apr. 13, 2026).unpublished
    “this Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Burton, Z., No. 3341 EDA 2024 (Pa. Super. Ct. Nov. 26, 2025).unpublished
    “this Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Westawski, B., No. 426 MDA 2025 (Pa. Super. Ct. Oct. 29, 2025).unpublished
    “held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Kowalski, D., No. 257 EDA 2025 (Pa. Super. Ct. Oct. 15, 2025).unpublished
    “that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Curry, A., No. 54 EDA 2025 (Pa. Super. Ct. Oct. 15, 2025).unpublished
    “held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Puscavage, J., IV, No. 1860 MDA 2024 (Pa. Super. Ct. Sept. 3, 2025).unpublished
    “[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Wills, N., No. 2239 EDA 2024 (Pa. Super. Ct. July 21, 2025).unpublished
    “this Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Braxton, T., No. 2127 EDA 2024 (Pa. Super. Ct. June 27, 2025).unpublished
    Commonwealth v. Disalvo, 70 A.3d 900, 903 (Pa. Super. 2013).
  • Com. v. Dick, R., No. 553 WDA 2024 (Pa. Super. Ct. May 29, 2025).unpublished 2 cites
    “this Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Sandy, K., No. 433 MDA 2024 (Pa. Super. Ct. Nov. 4, 2024).unpublished
    While a claim of inadequate consideration of mitigating factors typically does not raise a substantial question for our review, see Commonwealth v. Disalvo, 70 A.3d 900, 903 (Pa. Super. 2013), this Court has held “that an excessive sentenc…
  • Com. v. Brooks, D., No. 506 WDA 2024 (Pa. Super. Ct. Oct. 16, 2024).unpublished 2 cites
    Commonwealth v. Disalvo, 70 A.3d 900, 903 (Pa. Super. 2013); see also Commonwealth v. Griffin, 804 A.2d 1, 9 (Pa. Super. 2002) (citing Commonwealth v. Williams, 562 A.2d 1385, 1388 (Pa. Super. 1989) (en banc) (concluding that an allegation…
  • Com. v. Wingfield, S., No. 2375 EDA 2023 (Pa. Super. Ct. Oct. 15, 2024).unpublished
    “a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Gagnon, S., No. 1976 EDA 2023 (Pa. Super. Ct. Sept. 18, 2024).unpublished 2 cites
    Accordingly, [an] argument that the trial court failed to give adequate weight to mitigating factors does not present a substantial question appropriate for our review.” Commonwealth v. Disalvo, 70 A.3d 900, 903 (Pa. Super. 2013) (internal…
  • Com. v. Simmons, Q., No. 173 EDA 2023 (Pa. Super. Ct. May 8, 2024).unpublished
    Commonwealth v. DiSalvo, 70 A.3d 900, 903 (Pa. super. 2013).
  • Com. v. Campbell, A, No. 645 WDA 2023 (Pa. Super. Ct. Feb. 28, 2024).unpublished
    “that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Delvalle, No. 2469 EDA 2022 (Pa. Super. Ct. Feb. 23, 2024).unpublished
    “held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Slaughter, S., No. 438 MDA 2023 (Pa. Super. Ct. Dec. 13, 2023).unpublished
    “that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Fleming, R., No. 400 MDA 2023 (Pa. Super. Ct. Nov. 20, 2023).unpublished
    “that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Norris, T., No. 1094 EDA 2023 (Pa. Super. Ct. Oct. 23, 2023).unpublished
    “[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Brooks, S., No. 1333 WDA 2022 (Pa. Super. Ct. Sept. 29, 2023).unpublished
    “held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Allegar, J., No. 2534 EDA 2022 (Pa. Super. Ct. July 17, 2023).unpublished
    “held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Whitlock, J., No. 1077 MDA 2022 (Pa. Super. Ct. June 7, 2023).unpublished
    “held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review”
  • Com. v. Lanier, C., No. 706 WDA 2015 (Pa. Super. Ct. Jan. 5, 2016).unpublished
  • Commonwealth v. Miklos, 159 A.3d 962 (Pa. Super. Ct. 2017).published
  • Com. v. Mathews, D., No. Com. v. Mathews, D. No. 1424 WDA 2016 (Pa. Super. Ct. May 30, 2017).unpublished
  • Commonwealth v. MacHicote, 172 A.3d 595 (Pa. Super. Ct. 2017).published
  • Com. v. Weaver, L., No. 1400 MDA 2017 (Pa. Super. Ct. Oct. 29, 2018).unpublished
  • Com. v. Rosario, S., No. 933 WDA 2014 (Pa. Super. Ct. Jan. 11, 2016).unpublished
  • Com. v. Duncan, K., No. 1318 MDA 2015 (Pa. Super. Ct. Apr. 13, 2016).unpublished
  • Com. v. Grant, R., No. 1110 MDA 2015 (Pa. Super. Ct. May 3, 2016).unpublished
  • Com. v. Hagens, K., No. 1156 MDA 2015 (Pa. Super. Ct. May 13, 2016).unpublished
  • Com. v. Johnson, R., No. 1127 MDA 2015 (Pa. Super. Ct. May 19, 2016).unpublished
  • Com. v. Diaz, J., No. 2727 EDA 2015 (Pa. Super. Ct. May 20, 2016).unpublished
  • Com. v. Deleon, W., No. 1100 MDA 2015 (Pa. Super. Ct. June 14, 2016).unpublished
  • Com. v. Saunders, M., No. 2863 EDA 2015 (Pa. Super. Ct. June 23, 2016).unpublished
  • Com. v. Davis, A., No. 1325 MDA 2015 (Pa. Super. Ct. July 6, 2016).unpublished
  • Com. v. Zuber, S., No. 2973 EDA 2015 (Pa. Super. Ct. July 15, 2016).unpublished
  • Com. v. Jones, L., No. 819 EDA 2015 (Pa. Super. Ct. July 15, 2016).unpublished
  • Com. v. Machinshok, G., No. 2143 MDA 2015 (Pa. Super. Ct. July 26, 2016).unpublished
  • Com. v. Adams, D., No. 1442 WDA 2015 (Pa. Super. Ct. July 26, 2016).unpublished
  • Com. v. Josephs, B., No. 54 MDA 2016 (Pa. Super. Ct. Aug. 19, 2016).unpublished
  • Com. v. Harris, J., No. 1708 MDA 2015 (Pa. Super. Ct. Sept. 7, 2016).unpublished
  • Com. v. Davis, G., No. 238 EDA 2016 (Pa. Super. Ct. Oct. 19, 2016).unpublished
  • Com. v. Johnson, J., No. 420 WDA 2016 (Pa. Super. Ct. Oct. 25, 2016).unpublished
  • Com. v. Chesonis, C., No. 332 EDA 2016 (Pa. Super. Ct. Nov. 2, 2016).unpublished
  • Com. v. Mathis, C., No. 1884 WDA 2015 (Pa. Super. Ct. Nov. 8, 2016).unpublished
  • Com. v. King, M., No. 509 WDA 2016 (Pa. Super. Ct. Nov. 18, 2016).unpublished
  • Com. v. Nichols, D., No. 3438 EDA 2015 (Pa. Super. Ct. Dec. 5, 2016).unpublished
  • Com. v. Merwarth, T., No. 126 EDA 2016 (Pa. Super. Ct. Dec. 19, 2016).unpublished
  • Com. v. McNamee, A., No. 2374 EDA 2015 (Pa. Super. Ct. Dec. 23, 2016).unpublished
  • Com. v. Ireland, J., No. 536 WDA 2016 (Pa. Super. Ct. Jan. 3, 2017).unpublished
  • Com. v. Fisher, C., No. 419 WDA 2016 (Pa. Super. Ct. Jan. 20, 2017).unpublished
  • Com. v. Schell, D., No. Com. v. Schell, D. No. 912 WDA 2016 (Pa. Super. Ct. Feb. 15, 2017).unpublished
  • Com. v. Miller, B., No. Com. v. Miller, B. No. 1250 MDA 2016 (Pa. Super. Ct. Mar. 13, 2017).unpublished
  • Com. v. Campbell, J., No. Com. v. Campbell, J. No. 1277 WDA 2016 (Pa. Super. Ct. Mar. 17, 2017).unpublished
  • Com. v. Arrington, M., No. Com. v. Arrington, M. No. 809 WDA 2016 (Pa. Super. Ct. Mar. 17, 2017).unpublished
  • Com. v. Lowden, R., No. Com. v. Lowden, R. No. 830 MDA 2016 (Pa. Super. Ct. May 4, 2017).unpublished
  • Com. v. Dalfonse, V., No. Com. v. Dalfonse v. No. 2191 EDA 2015 (Pa. Super. Ct. May 5, 2017).unpublished
  • Com. v. Cool, J., No. Com. v. Cool, J. No. 1925 MDA 2016 (Pa. Super. Ct. July 18, 2017).unpublished
  • Com. v. Ford, P., No. 3294 EDA 2015 (Pa. Super. Ct. Sept. 8, 2017).unpublished
  • Com. v. Hicks, A., No. 1409 WDA 2016 (Pa. Super. Ct. Sept. 18, 2017).unpublished
  • Com. v. Wolfram, J., No. 10 WDA 2017 (Pa. Super. Ct. Oct. 13, 2017).unpublished
  • Com. v. Nelson, T., No. 2749 EDA 2016 (Pa. Super. Ct. Nov. 3, 2017).unpublished
  • Com. v. Winiavski, H., No. 581 MDA 2017 (Pa. Super. Ct. Dec. 13, 2017).unpublished
  • Com. v. Blackwell, G., No. 3652 EDA 2016 (Pa. Super. Ct. Dec. 19, 2017).unpublished
  • Com. v. Lechlinski, J., No. 646 MDA 2017 (Pa. Super. Ct. Dec. 26, 2017).unpublished
  • Com. v. Austin, A., No. 327 EDA 2017 (Pa. Super. Ct. Jan. 9, 2018).unpublished
  • Com. v. Banks, J., No. 409 WDA 2017 (Pa. Super. Ct. Jan. 22, 2018).unpublished
  • Com. v. Harrison, M., No. 800 WDA 2017 (Pa. Super. Ct. Jan. 26, 2018).unpublished
  • Com. v. Ferraro, J., No. 1360 EDA 2017 (Pa. Super. Ct. Jan. 29, 2018).unpublished
  • Com. v. Crothers, M., No. 266 EDA 2017 (Pa. Super. Ct. Feb. 28, 2018).unpublished
  • Com. v. Howard, D., No. 630 EDA 2017 (Pa. Super. Ct. Mar. 6, 2018).unpublished
  • Com. v. Mincy, C., No. 2214 EDA 2016 (Pa. Super. Ct. Mar. 15, 2018).unpublished
  • Com. v. Harris, D., No. 1593 MDA 2017 (Pa. Super. Ct. Mar. 21, 2018).unpublished
  • Com. v. Irby, A., No. 1464 WDA 2017 (Pa. Super. Ct. Mar. 28, 2018).unpublished
  • Com. v. Brennan, G., No. 3555 EDA 2017 (Pa. Super. Ct. May 18, 2018).unpublished
  • Com. v. Johnson, L., No. 1502 WDA 2017 (Pa. Super. Ct. May 30, 2018).unpublished
  • Com. v. Santiago, A., No. 1731 WDA 2017 (Pa. Super. Ct. June 6, 2018).unpublished
  • Com. v. Limuli, R., No. 2099 EDA 2017 (Pa. Super. Ct. July 9, 2018).unpublished
  • Com. v. McClinton, R., No. 1960 EDA 2017 (Pa. Super. Ct. July 13, 2018).unpublished
  • Com. v. Woolfork, P., No. 2982 EDA 2017 (Pa. Super. Ct. July 24, 2018).unpublished
  • Com. v. White, T., No. 93 EDA 2017 (Pa. Super. Ct. July 24, 2018).unpublished
  • Com. v. Kopf, R., No. 112 WDA 2018 (Pa. Super. Ct. Aug. 7, 2018).unpublished
  • Com. v. Olivo, R., No. 2854 EDA 2017 (Pa. Super. Ct. Aug. 17, 2018).unpublished
  • Com. v. Calomontanez, E., No. 3208 EDA 2017 (Pa. Super. Ct. Aug. 30, 2018).unpublished
  • Com. v. Hough, L., No. 39 WDA 2018 (Pa. Super. Ct. Sept. 14, 2018).unpublished
  • Com. v. Leppien, D., No. 1568 MDA 2017 (Pa. Super. Ct. Sept. 24, 2018).unpublished
  • Com. v. Bannasch, P., No. 229 WDA 2018 (Pa. Super. Ct. Sept. 26, 2018).unpublished
  • Com. v. Negron, J., No. 66 MDA 2018 (Pa. Super. Ct. Oct. 2, 2018).unpublished
  • Com. v. Ferrara, M., No. 1187 WDA 2017 (Pa. Super. Ct. Oct. 22, 2018).unpublished
  • Com. v. Jones, J., No. 3814 EDA 2017 (Pa. Super. Ct. Dec. 4, 2018).unpublished
  • Com. v. Navarro, E., No. 645 MDA 2018 (Pa. Super. Ct. Dec. 12, 2018).unpublished
  • Com. v. Kemp, S., No. 2618 EDA 2017 (Pa. Super. Ct. Dec. 14, 2018).unpublished
  • Com. v. Rodgers, K., No. 3520 EDA 2017 (Pa. Super. Ct. Dec. 24, 2018).unpublished
  • Com. v. Crosby, M., No. 1721 WDA 2017 (Pa. Super. Ct. Dec. 27, 2018).unpublished
  • Com. v. Jones, K., No. 310 WDA 2018 (Pa. Super. Ct. Jan. 3, 2019).unpublished
  • Com. v. Shaffer, N., No. 832 MDA 2018 (Pa. Super. Ct. Feb. 4, 2019).unpublished
  • Com. v. Jordan, E., No. 267 EDA 2017 (Pa. Super. Ct. Feb. 13, 2019).unpublished
  • Com. v. Hurd, J., No. 1041 MDA 2018 (Pa. Super. Ct. Feb. 26, 2019).unpublished
  • Com. v. Cotto, I., No. 805 MDA 2018 (Pa. Super. Ct. Mar. 15, 2019).unpublished
  • Com. v. Collins, J., No. 1175 MDA 2018 (Pa. Super. Ct. Mar. 19, 2019).unpublished
  • Com. v. Mudge, R., No. 731 WDA 2018 (Pa. Super. Ct. Mar. 25, 2019).unpublished
  • Com. v. Jones, D., No. 818 EDA 2018 (Pa. Super. Ct. Apr. 9, 2019).unpublished
  • Com. v. Hopper, J., No. 1401 MDA 2018 (Pa. Super. Ct. May 7, 2019).unpublished
  • Com. v. Divittore, D., No. 1019 MDA 2018 (Pa. Super. Ct. May 10, 2019).unpublished
  • Com. v. Blue, A., No. 2427 EDA 2018 (Pa. Super. Ct. May 10, 2019).unpublished
  • Com. v. Clark, E., Jr., No. 1589 MDA 2018 (Pa. Super. Ct. May 13, 2019).unpublished
  • Com. v. Lind, J., No. 1825 EDA 2018 (Pa. Super. Ct. Aug. 1, 2019).unpublished
  • Com. v. Moorefield, R., No. 709 WDA 2018 (Pa. Super. Ct. Aug. 6, 2019).unpublished
  • Com. v. Knight, T., No. 879 WDA 2018 (Pa. Super. Ct. Sept. 4, 2019).unpublished
  • Com. v. Brundage, R., No. 567 EDA 2019 (Pa. Super. Ct. Sept. 10, 2019).unpublished
  • Com. v. Hostetler, D., No. 80 MDA 2019 (Pa. Super. Ct. Sept. 13, 2019).unpublished
  • Com. v. Whaling, M., No. 1217 WDA 2018 (Pa. Super. Ct. Sept. 18, 2019).unpublished
  • Com. v. Luse, S., No. 184 MDA 2019 (Pa. Super. Ct. Sept. 20, 2019).unpublished
  • Com. v. Lyons, M., No. 1599 WDA 2018 (Pa. Super. Ct. Oct. 3, 2019).unpublished
  • Com. v. Rondon Villegas, S., No. 129 MDA 2019 (Pa. Super. Ct. Oct. 10, 2019).unpublished
  • Com. v. MacAfee, E., No. 3276 EDA 2018 (Pa. Super. Ct. Nov. 7, 2019).unpublished
  • Com. v. Williams, B., No. 166 MDA 2019 (Pa. Super. Ct. Dec. 20, 2019).unpublished
  • Com. v. Farley, E., III, No. 979 MDA 2019 (Pa. Super. Ct. Dec. 26, 2019).unpublished
  • Com. v. Kemmerer, D., No. 830 EDA 2019 (Pa. Super. Ct. Feb. 7, 2020).unpublished
  • Com. v. Brown, S., No. 2631 EDA 2018 (Pa. Super. Ct. Feb. 12, 2020).unpublished
  • Com. v. Kebede, E., No. 301 MDA 2018 (Pa. Super. Ct. Feb. 26, 2020).unpublished
  • Com. v. Daniels, R., No. 1618 EDA 2019 (Pa. Super. Ct. Apr. 7, 2020).unpublished
  • Com. v. Peterson, B., No. 852 MDA 2019 (Pa. Super. Ct. Apr. 8, 2020).unpublished
  • Com. v. Rodriguez, R., No. 1450 MDA 2019 (Pa. Super. Ct. May 5, 2020).unpublished
  • Com. v. Westcott, M., No. 482 EDA 2019 (Pa. Super. Ct. May 5, 2020).unpublished
  • Com. v. Diggs, M., No. 3478 EDA 2018 (Pa. Super. Ct. May 21, 2020).unpublished
  • Com. v. Neely, M., No. 1784 MDA 2019 (Pa. Super. Ct. June 16, 2020).unpublished
  • Com. v. Jackson, S., No. 156 EDA 2019 (Pa. Super. Ct. July 8, 2020).unpublished
  • Com. v. Sebastian, C., No. 1962 MDA 2019 (Pa. Super. Ct. Oct. 14, 2020).unpublished
  • Com. v. Crumpler, J., No. 2836 EDA 2019 (Pa. Super. Ct. Dec. 23, 2020).unpublished
  • Com. v. Ellis, S., No. 2859 EDA 2018 (Pa. Super. Ct. Dec. 29, 2020).unpublished
  • Com. v. Sekerak, J., No. 387 MDA 2020 (Pa. Super. Ct. Mar. 15, 2021).unpublished
  • Com. v. Archer, A., No. 679 WDA 2020 (Pa. Super. Ct. Mar. 18, 2021).unpublished
  • Com. v. Smith, C., No. 1315 WDA 2019 (Pa. Super. Ct. Apr. 9, 2021).unpublished
  • Com. v. Hines, L., No. 2835 EDA 2019 (Pa. Super. Ct. Apr. 12, 2021).unpublished
  • Com. v. Blackwell, U., No. 1821 EDA 2020 (Pa. Super. Ct. May 5, 2021).unpublished
  • Com. v. Shaw, S., No. 1181 EDA 2019 (Pa. Super. Ct. May 10, 2021).unpublished
  • Com. v. Kerr, R., No. 935 MDA 2020 (Pa. Super. Ct. May 13, 2021).unpublished
  • Com. v. Ngreen, S., No. 1345 EDA 2020 (Pa. Super. Ct. May 17, 2021).unpublished
  • Com. v. Houston, C., No. 914 WDA 2020 (Pa. Super. Ct. May 18, 2021).unpublished
  • Com. v. Pickard, K., No. 3443 EDA 2018 (Pa. Super. Ct. May 24, 2021).unpublished
  • Com. v. Green, T., No. 1305 EDA 2020 (Pa. Super. Ct. Jan. 14, 2022).unpublished
  • Com. v. Alston, J., No. 1154 WDA 2021 (Pa. Super. Ct. Mar. 10, 2022).unpublished
  • Com. v. Hayes, W., No. 1899 EDA 2021 (Pa. Super. Ct. Mar. 11, 2022).unpublished
  • Com. v. Derry, G., No. 1159 EDA 2021 (Pa. Super. Ct. Mar. 11, 2022).unpublished
  • Com. v. Guerrier, C., No. 761 MDA 2021 (Pa. Super. Ct. Apr. 12, 2022).unpublished
  • Com. v. Sauter, M., No. 958 MDA 2021 (Pa. Super. Ct. Aug. 9, 2022).unpublished
  • Com. v. Moore, H., No. 1657 EDA 2021 (Pa. Super. Ct. Aug. 15, 2022).unpublished
  • Com. v. Veal, S., No. 2353 EDA 2020 (Pa. Super. Ct. Aug. 26, 2022).unpublished
  • Com. v. Brant, W., No. 1240 MDA 2021 (Pa. Super. Ct. Aug. 30, 2022).unpublished
  • Com. v. Milan, E., No. 2413 EDA 2021 (Pa. Super. Ct. Nov. 14, 2022).unpublished
  • Com. v. Alford, C., No. 2416 EDA 2021 (Pa. Super. Ct. Dec. 15, 2022).unpublished
  • Com. v. Patz, K., No. 1 WDA 2022 (Pa. Super. Ct. Jan. 11, 2023).unpublished
  • Com. v. Negron-Martinez, L., No. 399 EDA 2022 (Pa. Super. Ct. Jan. 20, 2023).unpublished
  • Com. v. Trice, T., No. 1131 MDA 2022 (Pa. Super. Ct. Mar. 29, 2023).unpublished
  • Com. v. Wise, D., No. 488 WDA 2022 (Pa. Super. Ct. Apr. 5, 2023).unpublished
  • Com. v. Johnson, B., No. 2071 EDA 2021 (Pa. Super. Ct. Apr. 5, 2023).unpublished
  • Com. v. Guth, S., No. 1878 EDA 2022 (Pa. Super. Ct. Apr. 5, 2023).unpublished
  • Com. v. Holmes, W., No. 818 EDA 2022 (Pa. Super. Ct. May 1, 2023).unpublished
  • Com. v. Velazquez, L., No. 1306 MDA 2022 (Pa. Super. Ct. June 6, 2023).unpublished
  • Com. v. Powell, M., No. 2968 EDA 2022 (Pa. Super. Ct. Oct. 25, 2023).unpublished
  • Com. v. Petersheim, M., No. 819 MDA 2023 (Pa. Super. Ct. May 23, 2024).unpublished
  • Com. v. Santiago-Rodriguez, A., No. 1636 MDA 2023 (Pa. Super. Ct. Aug. 15, 2024).unpublished
  • Com. v. Natal, A., No. 1960 EDA 2020 (Pa. Super. Ct. Oct. 13, 2021).unpublished
  • Com. v. Thomas, A., No. 168 EDA 2021 (Pa. Super. Ct. June 10, 2021).unpublished
  • Com. v. Tucker, D., No. 656 EDA 2020 (Pa. Super. Ct. July 8, 2021).unpublished
  • Com. v. Grant, B., No. 490 EDA 2021 (Pa. Super. Ct. July 30, 2021).unpublished
  • Com. v. Roscoe, K., No. 1975 EDA 2020 (Pa. Super. Ct. Aug. 10, 2021).unpublished
  • Com. v. Clayton, E., No. 804 EDA 2024 (Pa. Super. Ct. Apr. 22, 2025).unpublished
  • Com. v. Bond, L., No. 2564 EDA 2024 (Pa. Super. Ct. Sept. 11, 2025).unpublished
  • Com. v. Davis, J., No. 986 EDA 2025 (Pa. Super. Ct. Jan. 13, 2026).unpublished
  • Com. v. Branch, W., No. 1762 MDA 2025 (Pa. Super. Ct. Aug. 11, 2026).unpublished
  • Com. v. Tasby, T., No. 2760 EDA 2025 (Pa. Super. Ct. Aug. 25, 2026).unpublished
  • Com. v. Brown, A., No. 2021 WDA 2014 (Pa. Super. Ct. Jan. 19, 2016).unpublished
  • Com. v. Jackson, E., No. 1588 EDA 2019 (Pa. Super. Ct. Apr. 8, 2021).unpublished
At page 902 Analyzing discretionary aspects of sentencing appeals66 citing casesexplaining that a claim that the trial court failed to consider mitigating factors is a challenge to discretionary aspects of the sentence1 citing court put it this way
  • Com. v. Brown, L., No. 535 WDA 2015 (Pa. Super. Ct. Sept. 28, 2015).unpublished 2 cites
    Disalvo, 70 A.3d at 903 (“[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.”) (citation and quotation marks omitted).
  • Com. v. Williams, S., No. 2388 EDA 2012 (Pa. Super. Ct. Aug. 28, 2014).unpublished
  • Com. v. Hetrick, J., No. 1202 MDA 2013 (Pa. Super. Ct. Sept. 24, 2014).unpublished
  • Com. v. Walker, C., No. 782 WDA 2014 (Pa. Super. Ct. Jan. 13, 2015).unpublished
  • Com. v. Lopez, V., No. 1725 EDA 2014 (Pa. Super. Ct. Feb. 3, 2015).unpublished
  • Com. v. Messner, J., No. 1461 MDA 2014 (Pa. Super. Ct. Apr. 10, 2015).unpublished
  • Com. v. Flowers, D., No. 1329 EDA 2014 (Pa. Super. Ct. Apr. 10, 2015).published
  • Com. v. Culp, J., No. 1652 WDA 2014 (Pa. Super. Ct. June 2, 2015).unpublished
  • Com. v. Shealey, D., No. 1896 WDA 2014 (Pa. Super. Ct. June 3, 2015).unpublished
  • Com. v. Johnson, G., No. 1728 WDA 2014 (Pa. Super. Ct. June 3, 2015).unpublished
Show 56 more citing cases
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
Cristino DISALVO
Superior Court of Pennsylvania.
Jul 12, 2013.
Published opinion
70 A.3d 900
2013 WL 3486857
2013 Pa. Super. LEXIS 1649
Kathryn E. Bellfy, Public Defender, Williamsport, for appellant., Eric R. Linhardt, District Attorney, Williamsport, for Commonwealth, appellee.
Bowes, Platt, Wecht.
Cited by 303 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 71%
Citer courts: Superior Court of Pennsylvania (1)

OPINION BY

PLATT, J.

Appellant, Cristino Disalvo, appeals from the order entered in the Lycoming County Court of Common Pleas re-imposing his sentence of confinement following his conviction for the summary offense of[*902] driving while his operator’s license was under suspension (DUS).[1] We affirm.

On August 4, 2012, Old Lycoming Township Police Officer Robert Cochran stopped Appellant’s vehicle because its right rear taillight was not operating properly. Officer Cochran issued Appellant a citation after learning that his license was suspended.[2]

On September 5, 2012, a magisterial district judge convicted Appellant of DUS following a summary trial. Because Appellant had three prior DUS convictions, the judge sentenced him to a term of thirty days’ incarceration in county prison, with eligibility for electronic monitoring after the first five days of the term.[3] On September 14, 2012, Appellant filed a notice of appeal in the Lycoming County Court of Common Pleas.

On October 29, 2012, the trial court held a summary appeal hearing at which Appellant admitted to the DUS offense and the only issue addressed was the sentence. On that same date, the court issued its order denying Appellant’s request for a fine only and re-imposing the original sentence of thirty days’ incarceration, modifying the sentence to provide for electronic monitoring eligibility during the entire thirty-day term. This timely appeal followed.[4]

On appeal, Appellant raises the following single issue for our review: “[wjhether the trial court abused its discretion by issuing a sentence that is manifestly excessive[?]” (Appellant’s Brief, at 4). As an initial matter, we note that Appellant’s issue challenges the discretionary aspects of his sentence. “It is well settled that, with regard to the discretionary aspects of sentencing, there is no automatic right to appeal.” Commonwealth v. Austin, 66 A.3d 798, 807-08 (Pa.Super.2013) (citation omitted).

Before [this Court may] reach the merits of [a challenge to the discretionary aspects of a sentence], we must engage in a four part analysis to determine: (1) whether the appeal is timely; (2) whether Appellant preserved his issue; (3) whether Appellant’s brief includes a concise statement of the reasons relied upon for allowance of appeal with respect to the discretionary aspects of sentence [see Pa.R.A.P. 2119(f) ]; and (4) whether the concise statement raises a substantial question that the sentence is appropriate under the sentencing code.... [I]f the appeal satisfies each of these four requirements, we will then proceed to decide the substantive merits of the case.

Id. (citation omitted).

Here, Appellant filed a timely notice of appeal, and preserved his claim that his sentence of confinement is excessive in the trial court, (see N.T. Summary Appeal Hearing, 10/29/12, at 4-5).[5] He has also[*903] included in his appellate brief a separate Rule 2119(f) statement. Therefore, we proceed to determine whether Appellant has presented a substantial question that his sentence is not appropriate under the Sentencing Code. See Austin, supra at 807-08.

The determination of what constitutes a substantial question must be evaluated on a case-by-case basis. A substantial question exists only when the appellant' advances a colorable argument that the sentencing judge’s actions were either: (1) inconsistent with a specific provision of the Sentencing Code; or (2) contrary to the fundamental norms which underlie the sentencing process.

Commonwealth v. Griffin, 65 A.3d 932, 935 (Pa.Super.2013) (citations and quotation marks omitted).

Appellant, in his Rule 2119(f) statement, claims that the trial court imposed a manifestly excessive sentence of confinement “given the circumstances that led to the offensef.]” (Appellant’s Brief, at 7). He develops this claim in the Argument section of his brief, asserting that the sentence is excessive because the court failed to consider certain mitigating factors, specifically, that when he was cited for DUS, he “was driving for a medical reason as his partner was in serious need of Couma-din[,]” and “[he] was pulled over simply for a taillight not working.” (Id. at 9).

“[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Commonwealth v. Downing, 990 A.2d 788, 794 (Pa.Super.2010) (citation omitted). Accordingly, we conclude Appellant’s argument that the trial court failed to give adequate weight to mitigating factors does not present a substantial question appropriate for our review. See Id.; see also Commonwealth v. Kraft, 737 A.2d 755, 757 (Pa.Super.1999), appeal denied, 560 Pa. 742, 747 A.2d 366 (1999) (determining appellant’s claim that sentence of incarceration for DUS violation was excessive because sentencing court failed to adequately consider certain mitigating factors did not raise substantial question).

Moreover, even if we were to determine that Appellant’s claim did raise a substantial question, we would find no merit to his underlying allegation. Our standard of review of a sentencing challenge is well-settled:

Sentencing is a matter vested in the sound discretion of the sentencing judge, and a sentence will not be disturbed on appeal absent a manifest abuse of discretion. In this context, an abuse of discretion is not shown merely by an error in judgment.. Rather, the appellant must establish, by reference to the record, that the sentencing court ignored or misapplied the law, exercised its judgment for reasons of partiality, prejudice, bias or ill will, or arrived at a manifestly unreasonable decision.

Commonwealth v. Glass, 50 A.3d 720, 727 (Pa.Super.2012), appeal denied, — Pa. -, 63 A.3d 774 (2013) (citation omitted).

As noted above, section 6503 of the Vehicle Code expressly authorizes sentences of imprisonment of up to six months for second or subsequent DUS offenders, like Appellant. See 75 Pa.C.S.A. § 6503(a). The trial court explained its rationale for imposing Appellant’s thirty-day sentence of confinement (with electronic monitoring eligibility for the entire term) in its Rule 1925(a) opinion:

The [c]ourt found from [Appellant’s] history of repeated violations that resulted in monetary fines were not deterring [him] from continuing to drive without a license. The [c]ourt also took into account that [Appellant’s] vehicle was not[*904] in suitable condition to drive and that [he] appears to have no concern for the [ ] Vehicle Code. As the [c]ourt stated on the record [at the summary appeal hearing]:
[M]y major problem with this is that the other times that you drove without a license and you got a fine it didn’t dissuade you from driving again and again and again. I don’t think that the jail time is out of line. What I will do is I’ll make you eligible for it entirely on the electronic monitoring program, but I think to only sentence you to a fine depreciates the seriousness of how many times you’ve been driving under suspension.... [and] sends the wrong message that it’s no big deal[.]
Finally, the [c]ourt also considered the reason why [Appellant] was driving, which was to get medication for his partner, and found that there were multiple alternatives to driving, such as a pharmacy that delivers.

(Trial Ct. Op., 1/08/13, at 3) (record citation omitted).

Based on this record, we would conclude that the trial court was aware of and gave due consideration to any mitigating factors, and did not abuse its discretion in formulating its sentence of confinement for Appellant’s fourth DUS conviction. See Glass, supra at 727. Accordingly, we affirm the order entered by the trial court.

Order affirmed.

2

The reason for Appellant's license suspension is not evident from the record. It appears that this suspension was not DUI-related. (See Trial Court Opinion, 1/08/13, at 1).

3

Section 6503 of the Vehicle Code provides for enhanced penalties for repeat DUS offenders and specifies that a second or subsequent offender, like Appellant, be sentenced to a fine or to "imprisonment for not more than six months, or both[.]” 75 Pa.C.S.A. § 6503(a).

4

Appellant timely filed a Rule 1925(b) statement of errors on December 13, 2012, and the trial court filed a Rule 1925(a) opinion on January 8, 2013. See Pa.R.A.P. 1925.

5

We note that Appellant could not challenge his sentence in post-sentence motions because, "pursuant to Pa.R.Crim.P. 720(D), a defendant in a summary appeal case is not permitted to file post-sentence motions.” Commonwealth v. Dixon, 66 A.3d 794, 797 (Pa.Super.2013).