Com. v. Stryker, S.

CourtSuperior Court of Pennsylvania
DecidedOctober 11, 2023
Docket173 MDA 2023
StatusUnpublished

This text of Com. v. Stryker, S. (Com. v. Stryker, S.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Stryker, S., (Pa. Ct. App. 2023).

Opinion

J-S27007-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : SHAWN D. STRYKER : : Appellant : No. 173 MDA 2023

Appeal from the Judgment of Sentence Entered December 29, 2022 In the Court of Common Pleas of Lancaster County Criminal Division at No(s): CP-36-CR-0000430-2021

BEFORE: BENDER, P.J.E., BOWES, J., and SULLIVAN, J.

MEMORANDUM BY BENDER, P.J.E.: FILED OCTOBER 11, 2023

Appellant, Shawn D. Stryker, appeals from the aggregate judgment of

sentence of 6 to 20 years’ incarceration, imposed after he pled guilty to six

counts of aggravated assault under 18 Pa.C.S. §§ 2702(a)(2), (a)(3), and

(a)(6), as well as single counts of recklessly endangering another person, 18

Pa.C.S. § 2705, and possessing an instrument of crime, 18 Pa.C.S. § 907(b).

On appeal, Appellant solely contends that the trial court abused its discretion

in fashioning his sentence. After careful review, we affirm.

The trial court set forth a detailed summary of the facts and procedural

history underlying Appellant’s case, which we need not reproduce in full

herein. See Trial Court Opinion (TCO), 3/27/22, at 1-7. We only briefly note

that Appellant’s convictions stemmed from a standoff with police during which

Appellant fired shots at two of the officers, who were thankfully unharmed.

Appellant was initially deemed incompetent to stand trial and was committed J-S27007-23

to a state mental hospital for nearly one year before he was deemed to be

competent to proceed. Appellant pled guilty to the above-stated offenses on

September 16, 2022. After a pre-sentence investigation report was

completed, the court sentenced Appellant on December 29, 2022, to the

aggregate term set forth supra, which included two, consecutive terms of 3 to

10 years’ imprisonment for two of his aggravated assault convictions.

Appellant received concurrent terms of 2 to 10 years’ imprisonment for his

remaining aggravated assault offenses, and no further sentence of

incarceration for his other convictions.

Appellant filed a timely, post-sentence motion, which the court

ultimately denied. He then filed a timely notice of appeal, and he complied

with the trial court’s order to file a Pa.R.A.P. 1925(b) concise statement of

errors complained of on appeal. The court filed its Rule 1925(a) opinion on

March 27, 2022. Herein, Appellant states one issue for our review:

I. Was the trial court’s aggregate sentence of 6 to 20 years of incarceration so manifestly excessive under the circumstances of the instant case, especially considering [Appellant’s] severe mental health issues at the time of the incident, and was the imposition of consecutive sentences an abuse of the court’s discretion?

Appellant’s Brief at 6.

Appellant’s issue implicates the discretionary aspects of his sentence.

Challenges to the discretionary aspects of sentencing do not entitle an appellant to review as of right. Commonwealth v. Sierra, 752 A.2d 910, 912 (Pa. Super. 2000). An appellant challenging the discretionary aspects of his sentence must invoke this Court’s jurisdiction by satisfying a four-part test:

-2- J-S27007-23

We conduct a four-part analysis to determine: (1) whether [the] appellant has filed a timely notice of appeal, see Pa.R.A.P. 902 and 903; (2) whether the issue was properly preserved at sentencing or in a motion to reconsider and modify sentence, see Pa.R.Crim.P. 720; (3) whether [the] appellant’s brief has a fatal defect, Pa.R.A.P. 2119(f); and (4) whether there is a substantial question that the sentence appealed from is not appropriate under the Sentencing Code, 42 Pa.C.S.[] § 9781(b).

Commonwealth v. Evans, 901 A.2d 528, 533 (Pa. Super. 2006), appeal denied, … 909 A.2d 303 ([Pa.] 2006). Objections to the discretionary aspects of a sentence are generally waived if they are not raised at the sentencing hearing or in a motion to modify the sentence imposed. Commonwealth v. Mann, 820 A.2d 788, 794 (Pa. Super. 2003), appeal denied, … 831 A.2d 599 ([Pa.] 2003).

The determination of what constitutes a substantial question must be evaluated on a case-by-case basis. Commonwealth v. Paul, 925 A.2d 825, 828 (Pa. Super. 2007). 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.” Sierra, supra at 912–13.

Commonwealth v. Griffin, 65 A.3d 932, 935 (Pa. Super. 2013) (quoting

Commonwealth v. Moury, 992 A.2d 162, 170 (Pa. Super. 2010)).

Instantly, Appellant preserved his sentencing claim in his post-sentence

motion, he filed a timely appeal, and he has included a Rule 2119(f) statement

in his appellate brief, thereby meeting the first three requirements for review

of a discretionary-aspects-of-sentencing claim. Regarding the fourth

requirement of stating a substantial question, Appellant contends that his

sentence is “clearly unreasonable” and “manifestly excessive” given the

imposition of consecutive terms of incarceration. Appellant’s Brief at 12. He

-3- J-S27007-23

insists that in imposing consecutive sentences, the court failed to consider his

“incompetency at the time of the offense and his drastic improvement while

receiving treatment and medication….” Id. at 13-14. We agree with Appellant

that his argument constitutes a substantial question for our review. See

Commonwealth v. Swope, 123 A.3d 333, 339 (Pa. Super. 2015) (“[A]n

excessive sentence claim – in conjunction with an assertion that the court

failed to consider mitigating factors – raises a substantial question.”) (citation

omitted); Commonwealth v. Caldwell, 117 A.3d 763, 770 (Pa. Super.

2015) (finding that Caldwell’s “challenge to the imposition of his consecutive

sentences as unduly excessive, together with his claim that the court failed to

consider his rehabilitative needs upon fashioning its sentence, presents a

substantial question”).

In reviewing the merits of Appellant’s sentencing challenge, we are

mindful that,

[s]entencing 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. Shugars, 895 A.2d 1270, 1275 (Pa. Super. 2006).

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Related

Commonwealth v. Moury
992 A.2d 162 (Superior Court of Pennsylvania, 2010)
Commonwealth v. Ventura
975 A.2d 1128 (Superior Court of Pennsylvania, 2009)
Commonwealth v. Walls
926 A.2d 957 (Supreme Court of Pennsylvania, 2007)
Commonwealth v. Paul
925 A.2d 825 (Superior Court of Pennsylvania, 2007)
Com. v. GENTLES
909 A.2d 303 (Supreme Court of Pennsylvania, 2006)
Commonwealth v. Sierra
752 A.2d 910 (Superior Court of Pennsylvania, 2000)
Commonwealth v. Mann
820 A.2d 788 (Superior Court of Pennsylvania, 2003)
Commonwealth v. Klueber
904 A.2d 911 (Supreme Court of Pennsylvania, 2006)
Commonwealth v. Devers
546 A.2d 12 (Supreme Court of Pennsylvania, 1988)
Commonwealth v. Caldwell
117 A.3d 763 (Superior Court of Pennsylvania, 2015)
Commonwealth v. Swope
123 A.3d 333 (Superior Court of Pennsylvania, 2015)
Commonwealth v. Shugars
895 A.2d 1270 (Superior Court of Pennsylvania, 2006)
Commonwealth v. Evans
901 A.2d 528 (Superior Court of Pennsylvania, 2006)
Commonwealth v. Griffin
65 A.3d 932 (Superior Court of Pennsylvania, 2013)

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Bluebook (online)
Com. v. Stryker, S., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-stryker-s-pasuperct-2023.