Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
15 Pennsylvania opinions name it 2 courts 1992–2026 5 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Smithtongreen1 sentence2026See Commonwealth v. Smithton, 631 A.2d 1053, 1057 (Pa. Super. 1993) (“[A] sentence must be vacated only where it reasonably appears from the record that the trial court relied in whole or in part upon such an impermissible factor.” (quotation marks, brackets, and citations omitted; emphasis in original)). | 1 | 1 |
Commonwealth v. Mrozikgreen1 sentence2025Given the important nature of the interests involved, the judge at the second sentencing hearing should reassess the penalty to be imposed on the defendant—especially ____________________________________________ 1 See Commonwealth v. Tavarez, 174 A.3d 7 , 10 (Pa. Super. 2017). 2 See Commonwealth v. Mrozik, 213 A.3d 273, 275 (Pa. Super. 2019). 3 See Commonwealth v. Derry, 150 A.3d 987, 992 (Pa. Super. 2016). -7- where defense counsel comes forward with relevant evidence which was not previously available. | 1 | 1 |
Commonwealth v. Derrygreen1 sentence2025Given the important nature of the interests involved, the judge at the second sentencing hearing should reassess the penalty to be imposed on the defendant—especially ____________________________________________ 1 See Commonwealth v. Tavarez, 174 A.3d 7 , 10 (Pa. Super. 2017). 2 See Commonwealth v. Mrozik, 213 A.3d 273, 275 (Pa. Super. 2019). 3 See Commonwealth v. Derry, 150 A.3d 987, 992 (Pa. Super. 2016). -7- where defense counsel comes forward with relevant evidence which was not previously available. | 1 | 1 |
Commonwealth v. Caplegreen2 sentences2023See Caple, supra. Accordingly, this claim is moot and warrants no relief. 2023Resentencing Hearing, 5/27/21, at 3-4, 22, 26-27, 33; see also Caple, 121 A.3d at 523 (stating that “[t]he judge at the second sentencing hearing should reassess the penalty to be imposed on the defendant . . . and reevaluate whether the jail term [appellant] received is a just and appropriate punishment.”). -6- for imposing Pritchett’s initial sentence are immaterial. | 1 | 1 |
Commonwealth v. Evansgreen1 sentence2016See Evans, 901 A.2d at 533 . | 1 | 1 |
Commonwealth v. Jonesgreen2 sentences2007See Commonwealth v. Jones, 433 Pa.Super. 266 , 640 A.2d 914, 919-20 (1994) (recognizing that when a sentence is vacated and the case is remanded to the sentencing court for resentencing, the sentencing judge should start afresh); Commonwealth v. Losch, 369 Pa.Super. 192 , 535 A.2d 115 (1987) (same). 2007See Commonwealth v. Jones, 433 Pa.Super. 266 , 640 A.2d 914, 919-20 (1994) (recognizing that when a sentence is vacated and the case is remanded to the sentencing court for resentencing, the sentencing judge should start afresh); Commonwealth v. Losch, 369 Pa.Super. 192 , 535 A.2d 115 (1987) (same). | 1 | 1 |
Commonwealth v. Hentoshgreen2 sentences1992See Commonwealth v. Hentosh, 520 Pa. 325 , 554 A.2d 20 (1989); Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); Commonwealth ex rel. 1992See Commonwealth v. Hentosh, 520 Pa. 325 , 554 A.2d 20 (1989); Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); Commonwealth ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Losch
green
2 sentences2021“Given the important nature of the interests involved, the judge at the second sentencing hearing should reassess the penalty to be imposed on the defendant—especially where defense counsel comes forward with relevant evidence which was not previously available.” Id. 2016“Given the important nature of the interests involved, the judge at the second sentencing hearing should reassess the penalty to be imposed on the defendant-especially where defense counsel comes forward with relevant evidence which was not previously available.” Id. | 6 | 1994–2021 |
Commonwealth v. Wilson
green
2 sentences2017The Court concluded that “[o]nce [the a]ppellee’s sentence was vacated, the admissibility of evidence at the second sentencing hearing became a matter committed to the sound discretion of -4- J-S60017-17 the trial court as no restraints were placed upon the trial court’s exercise of its discretion in this regard.” Wilson III, 934 A.2d at 1196 . 2015Id. | 2 | 2015–2017 |
Commonwealth v. Kunkle
green
2 sentences2007In affirming the trial court’s judgment of sentence, the Superior Court held that Section 6317 did not contemplate a second sentencing hearing where the Commonwealth failed to meet its burden at the first sentencing hearing. 817 A.2d at 500 . 2004The enhancement was placed on a single sentence regarding a single conviction. ¶ 10 In Commonwealth v. Kunkle, 817 A.2d 498 (Pa.Super.2003), this Court refused to allow the Commonwealth to present evidence regarding' the imposition of the school zone enhancement at a re-sentencing hearing, stating, “[S]eetion 6317 does not contemplate a second sentencing hearing where the Commonwealth failed to meet its burden at the first sentencing hearing.” Id. at 500 . | 2 | 2004–2007 |
Commonwealth v. Barnes
red
1 sentence2026Therefore, contrary to Rivera’s contention, a court’s justification for imposing a lengthier new sentence is not limited to only “identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding.” Rivera’s Br. at 23 (quoting Barnes, 167 A.3d at 123 ; Pearce, 395 U.S. at 726 ). -8- Here, the court explained that, at the second sentencing hearing, there was additional objective information available to the court: This information includes (i) [Rivera’s] recent designation as an SVP and the expert opinion related thereto, (ii) the greater, known, an | 1 | 2026–2026 |
North Carolina v. Pearce
red
1 sentence2026Therefore, contrary to Rivera’s contention, a court’s justification for imposing a lengthier new sentence is not limited to only “identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding.” Rivera’s Br. at 23 (quoting Barnes, 167 A.3d at 123 ; Pearce, 395 U.S. at 726 ). -8- Here, the court explained that, at the second sentencing hearing, there was additional objective information available to the court: This information includes (i) [Rivera’s] recent designation as an SVP and the expert opinion related thereto, (ii) the greater, known, an | 1 | 2026–2026 |
Commonwealth v. Colding
green
2 sentences2007Relying on Commonwealth v. Colding, 482 Pa. 112 , 393 A.2d 404 (1978), the Commonwealth maintains that when the original sentence was vacated, it became a nullity and, absent double jeopardy concerns which are not present here, resentencing should proceed as if no intervening proceedings had occurred. 2007Relying on Commonwealth v. Colding, 482 Pa. 112 , 393 A.2d 404 (1978), the Commonwealth maintains that when the original sentence was vacated, it became a nullity and, absent double jeopardy concerns which are not present here, resentencing should proceed as if no intervening proceedings had occurred. | 1 | 2007–2007 |
Commonwealth v. Pierce
green
2 sentences1992See Commonwealth v. Hentosh, 520 Pa. 325 , 554 A.2d 20 (1989); Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); Commonwealth ex rel. 1992See Commonwealth v. Hentosh, 520 Pa. 325 , 554 A.2d 20 (1989); Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); Commonwealth ex rel. | 1 | 1992–1992 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.