discretionary aspect of sentence claim (Pennsylvania) · Go Syfert
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discretionary aspect of sentence claim in Pennsylvania

12 Pennsylvania opinions name it 1 courts 2011–2025 2 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.

Followed or applied (12)

CaseFollowedCited
Commonwealth v. Bakergreen
pasuperct · 2013 · cited in 2 Pennsylvania opinions naming this issue, 2019–2023
2 sentences

2023See Commonwealth v. Buterbaugh, 91 A.3d 1247, 1265 (Pa. Super. 2014), appeal denied, 104 A.3d 1 (Pa. 2014); Commonwealth v. Baker, 72 A.3d 652, 662 (Pa. Super. 2013), appeal denied, 86 A.3d 231 (Pa. 2014).

2019See Baker, supra. Here, Lugo has complied with the first three prongs of this test to invoke our jurisdiction.

22
Commonwealth v. Buterbaughgreen
pasuperct · 2014 · cited in 2 Pennsylvania opinions naming this issue, 2017–2023
2 sentences

2023See Commonwealth v. Buterbaugh, 91 A.3d 1247, 1265 (Pa. Super. 2014), appeal denied, 104 A.3d 1 (Pa. 2014); Commonwealth v. Baker, 72 A.3d 652, 662 (Pa. Super. 2013), appeal denied, 86 A.3d 231 (Pa. 2014).

2017See Commonwealth v. Buterbaugh, 91 A.3d 1247, 1266 (Pa. Super. 2014) (en banc) (addressing claim that DWE did not apply as a discretionary aspect of sentence challenge); Commonwealth v. Williams, 151 A.3d 621, 625 (Pa. Super. 2016) (addressing claims that trial court utilized wrong OGS as a discretionary aspect of sentence challenge).

22
Com. v. Clary, T.green
pasuperct · 2020 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Clary, 226 A.3d at 580 ; Moury, 992 A.2d at 171 .

11
Commonwealth v. Bullockgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Commonwealth v. Bullock, 948 A.2d 818 (Pa. Super. 2008) (stating that a discretionary aspect of sentence claim is waived if the appellant does not challenge it in post-sentence motions or by raising the claim during the sentencing proceedings).1 ____________________________________________ 1 Additionally, we observe that Appellant did not raise, in her Rule 1925(b) statement, her assertions that the court failed to state adequate reasons for her sentence, and that it relied solely on the probation department’s sentencing recommendation.

11
Commonwealth v. Messersmithgreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019Commonwealth v. Washington, 2084 EDA 2011, unpublished memorandum at 4-5 (Pa. Super. filed 9/18/12) (citing Commonwealth v. Messersmith, 860 A.2d 1078, 1096 (Pa. Super. 2004)).

2019Commonwealth v. Washington, 2084 EDA 2011, unpublished memorandum at 4-5 (Pa. Super. filed 9/18/12) (citing Commonwealth v. Messersmith, 860 A.2d 1078, 1096 (Pa. Super. 2004)).

11
Commonwealth v. Caldwellgreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019Commonwealth v. Caldwell, 117 A.3d 763, 768 (Pa. Super. 2015). ____________________________________________ 4Valle did not file a substantive response to counsel’s Anders brief, raising any issues he believed to be meritorious. -3- J-S29024-19 Challenges to the discretionary aspects of one’s sentence are not appealable as of right, and in order for this Court to reach the merits of such claims, Valle first must satisfy a four-part test to determine: (1) whether the appeal is timely; (2) whether [he] preserved his issue; (3) whether [his] brief includes a concise statement of the reasons relied

11
Commonwealth v. Magnumgreen
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Cf. Commonwealth v. Magnum, 654 A.2d 1146, 1148 (Pa. Super. 1995) (noting that a discretionary aspect of sentence claim will be waived where it was not preserved in an objection at sentencing or a timely post-sentence motion).

11
Commonwealth v. Shugarsgreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Commonwealth v. Shugars, 895 A.2d 1270, 1274-75 (Pa. Super. 2006).

11
Commonwealth v. Williamsgreen
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Commonwealth v. Buterbaugh, 91 A.3d 1247, 1266 (Pa. Super. 2014) (en banc) (addressing claim that DWE did not apply as a discretionary aspect of sentence challenge); Commonwealth v. Williams, 151 A.3d 621, 625 (Pa. Super. 2016) (addressing claims that trial court utilized wrong OGS as a discretionary aspect of sentence challenge).

11
Commonwealth v. Manngreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Commonwealth v. Mann, 820 A.2d 788, 793-94 (Pa. Super. 2003), appeal denied, 831 A.2d 599 (Pa. 2003) (finding claim sentencing court did not put sufficient reasons to justify sentence on record waived where issue was not raised in post-sentence motion); see also Pa.R.A.P. 302(a).9 Thus, Appellant waived this discretionary aspect of sentence claim. ____________________________________________ 9 Again, we note that Appellant also waived this claim because he failed to raise it in his Rule 1925(b) statement.

11
Com. v. Whetzelgreen
pa · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011See Commonwealth v. Williams, 980 A.2d 667, 672 (Pa.Super.2009), appeal denied, 605 Pa. 700 , 990 A.2d 730 (2010). [7] 42 Pa.C.S.A. § 9754(b) (statutory provision permitting court to attach reasonable, specified conditions found in section 9754(c) to a probation order "as it deems necessary to insure or assist the defendant in leading a law-abiding life."). [8] 61 P.S. § 331.27b, which was repealed in October 2009, was in effect at the time that Alexander was sentenced on August 15, 2008.

11
Commonwealth v. Williamsgreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011See Commonwealth v. Williams, 980 A.2d 667, 672 (Pa.Super.2009), appeal denied, 605 Pa. 700 , 990 A.2d 730 (2010). [7] 42 Pa.C.S.A. § 9754(b) (statutory provision permitting court to attach reasonable, specified conditions found in section 9754(c) to a probation order "as it deems necessary to insure or assist the defendant in leading a law-abiding life."). [8] 61 P.S. § 331.27b, which was repealed in October 2009, was in effect at the time that Alexander was sentenced on August 15, 2008.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Commonwealth v. Moury green
pasuperct · 2010
1 sentence

2025See Clary, 226 A.3d at 580 ; Moury, 992 A.2d at 171 .

12025–2025
Commonwealth v. Conde green
pasuperct · 2003
1 sentence

2014Conde, supra. In his final claim on appeal, Johnson raises a discretionary aspect of sentence claim, contending that he is entitled to a remand for resentencing because the trial court’s sentence is unreasonable, excessive and not reflective of his character, history and condition.

12014–2014

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9781 (3)

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.

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