Commonwealth v. Koren

646 A.2d 1205, 435 Pa. Super. 499
CourtSuperior Court of Pennsylvania
DecidedAugust 25, 1994
Docket00325
StatusPublished
Cited by74 cases

This text of 646 A.2d 1205 (Commonwealth v. Koren) 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
Commonwealth v. Koren, 646 A.2d 1205, 435 Pa. Super. 499 (Pa. Ct. App. 1994).

Opinion

CIRILLO, Judge:

Stacy Koren appeals from the judgment of sentence entered by the Court of Common Pleas of Lehigh County, following her plea of nolo contendere to hindering apprehension or prosecution. 1 We affirm.

*502 On July 21, 1992, Larry Martin, Koren’s boyfriend, 2 pled guilty to forty-eight counts of burglary, one count of attempted burglary, two counts of theft, and one count of receiving stolen property. At the conclusion of his guilty plea, Martin was ordered to surrender himself for sentencing to the Lehigh County Sheriffs Office, no later than August 10,1992. Martin failed to appear on August 10th, and a manhunt ensued for his apprehension.

On August 17, 1992, a detective contacted Koren and notified her that Martin was a fugitive and wanted by the police. At that time, Koren indicated to the detective that she was Martin’s girlfriend. Sometime after August 17, 1992, Koren conspired with her sister to rent a hotel room for Martin under her sister’s name. Martin stayed in this hotel room until he was apprehended by the police on September 4, 1992.

Koren and her sister were then arrested and charged with hindering apprehension or prosecution (felony three) 3 and criminal conspiracy. 4 On October 18, 1993, both Koren and her sister entered pleas of nolo contendere to hindering apprehension or prosecution as a misdemeanor of the second degree. 5

After considering the pre-sentence report and Koren’s testimony, the trial court, on December 15, 1993, sentenced Koren to two years probation. Two conditions were placed on Koren’s probation. First, Koren was to perform 100 hours of community service at a charitable organization. Second, Koren was to have no contact with her boyfriend, Martin, or his family during her two years of probation.

On December 27, 1993, Koren filed a motion to reconsider sentence, requesting a modification of sentence to allow contact with Larry Martin during the period of her probation. Koren’s motion was denied by the sentencing court. Koren presents two issues for our review:

*503 (1) Whether the sentencing court abused its discretion by not adequately considering Appellant’s history and character when forming its probation order?

(2) Whether the sentencing court abused its discretion in imposing as a condition of probation, that Appellant refrain from contact with her boyfriend?

When the discretionary aspects of a judgment of sentence are questioned, an appeal is not guaranteed as of right. Commonwealth v. Moore, 420 Pa.Super. 484, 490, 617 A.2d 8, 11 (1992). Two criteria must first be met before a challenge to a judgment of sentence will be heard on the merits. See Commonwealth v. Cottam, 420 Pa.Super. 311, 346, 616 A.2d 988, 1005 (1992). First, an appellant must “set forth in his brief a concise statement of the reasons relied upon for allowance of appeal with respect to the discretionary aspects of a sentence.” Pa.R.A.P. § 2119(f); Commonwealth v. Jones, 418 Pa.Super. 93, 99, 613 A.2d 587, 590 (1992). Second, an appeal will be granted only “where it appears that there is a substantial question that the sentence imposed is not appropriate under [the Sentencing Code].” 42 Pa.C.S.A. § 9781(b); Commonwealth v. Tuladziecki, 513 Pa. 508, 513, 522 A.2d 17, 20 (1987).

In the case at hand, Koren has set forth in her brief a concise statement of the reasons for her appeal. We must now determine whether Koren has presented a substantial question before we can turn to the merits of her argument.

The determination of whether a substantial question exists must be determined on a case-by-case basis. Commonwealth v. Hlatky, 426 Pa.Super. 66, 82, 626 A.2d 575, 583 (1993). It is only where an appellant can articulate clear reasons why the sentence issued by the trial court compromises the sentencing scheme as a whole that we will find a substantial question and review the decision of the trial court. Tuladziecki 513 Pa. at 515, 522 A.2d at 20; Hlatky, 426 Pa.Super. at 82, 626 A.2d at 583. A substantial question exists where an appellant advances a colorable argument that the sentencing judge’s actions where either: (1) inconsistent with *504 a specific provision of the Sentencing Code: or (2) contrary to the fundamental- norms which underlie the sentencing process. Hlatky, 426 Pa.Super. at 82, 626 A.2d at 583; Jones, 418 Pa.Super. at 99-100, 613 A.2d at 590.

Koren contends that the sentencing court did not adequately consider her prior history and character. This court has repeatedly held that the mere assertion that the sentencing court failed to give adequate weight to sentencing factors does not raise a substantial question. Jones, 418 Pa.Super. at 100, 613 A.2d at 587; Commonwealth v. Mobley, 399 Pa.Super. 108, 115-16, 581 A.2d 949, 952 (1990); Commonwealth v. Smith, 394 Pa.Super. 164, 167, 575 A.2d 150, 151 (1990). Accordingly, we find that Koren’s first contention does not raise a substantial question and deny her allowance of appeal from this aspect of her sentence.

Koren’s second contention is that the condition placed on her probation, prohibiting contact with her boyfriend, is unreasonable because it unduly restricts her liberty. Koren claims that this condition of probation is contrary to 42 Pa.C.S.A. § 9754(b), 6 which only allows for reasonable conditions to be attached to probation orders. We find that Koren’s argument presents a substantial question, and we now turn to the merits of her contentions.

Our standard when reviewing the merits of the discretionary aspects of a judgment of sentence is very narrow; this court will reverse only where an appellant can demonstrate a manifest abuse of discretion on the part of the sentencing judge. Hlatky, 426 Pa.Super. at 83, 626 A.2d at 584; Commonwealth v. Wright, 411 Pa.Super. 111, 114, 600 A.2d 1289, 1291 (1991). However, the sentence imposed must be “consistent with the protection of the public, the gravity of the offense, and the rehabilitative needs of the defendant.” Moore, 420 Pa.Super. at 491, 617 A.2d at 12 (quoting Com

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Scholl, R.
Superior Court of Pennsylvania, 2025
Com. v. Markey, J.
Superior Court of Pennsylvania, 2024
Com. v. Castaphney, A.
Superior Court of Pennsylvania, 2024
Com. v. Garcia, A.
Superior Court of Pennsylvania, 2024
Com. v. Glawinski, S.
2024 Pa. Super. 19 (Superior Court of Pennsylvania, 2024)
Com. v. Campbell, J.
Superior Court of Pennsylvania, 2023
Com. v. Siderio, T.
Superior Court of Pennsylvania, 2023
Com. v. Sulpizio, A.
2022 Pa. Super. 143 (Superior Court of Pennsylvania, 2022)
Com. v. Brooke, A., Jr.
Superior Court of Pennsylvania, 2021
Com. v. Ferguson, K.
Superior Court of Pennsylvania, 2021
Com. v. Olivo-Vazquez, C.
Superior Court of Pennsylvania, 2021
Com. v. Pilchesky, J.
Superior Court of Pennsylvania, 2020
Com. v. Foster, R.
Superior Court of Pennsylvania, 2019
Com. v. Murphy, B.
Superior Court of Pennsylvania, 2019
Com. of Pa. v. King
182 A.3d 449 (Superior Court of Pennsylvania, 2018)
Com. v. Snyder, H.
Superior Court of Pennsylvania, 2018
Com. v. Gruber, A.
Superior Court of Pennsylvania, 2017
Com. v. Hartzfeld, R.
Superior Court of Pennsylvania, 2016
Com. v. Frisbie, M.
Superior Court of Pennsylvania, 2016
Com. v. Stewart, J., Jr.
Superior Court of Pennsylvania, 2016

Cite This Page — Counsel Stack

Bluebook (online)
646 A.2d 1205, 435 Pa. Super. 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-koren-pasuperct-1994.