Commonwealth v. Williams

69 A.3d 735, 2013 Pa. Super. 151, 2013 WL 3198409, 2013 Pa. Super. LEXIS 1162
CourtSuperior Court of Pennsylvania
DecidedJune 24, 2013
StatusPublished
Cited by103 cases

This text of 69 A.3d 735 (Commonwealth v. Williams) 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. Williams, 69 A.3d 735, 2013 Pa. Super. 151, 2013 WL 3198409, 2013 Pa. Super. LEXIS 1162 (Pa. Ct. App. 2013).

Opinions

OPINION BY

BENDER, J.:

Sherdina Williams (“Appellant”) appeals from the judgment of sentence of 290-580 months’ incarceration that was imposed for violations of multiple probations after subsequent convictions in unrelated matters. Appellant challenges the discretionary aspects of her sentence and also argues that the trial court judge should have recused himself due to the appearance of bias. After careful review, we vacate the judgment of sentence and remand for resen-tencing.

On October 15, 2001, Appellant entered an open plea to seven counts of burglary and related offenses. All of the offenses arose out of Appellant’s theft of property from several Catholic institutions.1 The Honorable James J. Fitzgerald (now a member of this Court) sentenced Appellant to concurrent terms of 11 1/2 to 23 months’ incarceration and ten years’ consecutive probation for each of the seven burglary convictions. Judge Fitzgerald subsequently paroled Appellant to Beacon House, an inpatient program for pregnant and parenting substance abusers at the Episcopal Hospital in Philadelphia.

Appellant did not remain at Beacon House as ordered. On January 16, 2002, just three months after her plea, Appellant was arrested in an incident for which she was subsequently charged with assaulting a police officer with a pair of scissors. On April 19, 2002, before the Honorable Shelia Woods-Skipper, Appellant pleaded guilty to aggravated assault for the incident.2 [739]*739Just a few months later, on September 7, 2002, police arrested Appellant for breaking into Friends Hospital in Philadelphia.3 In that incident, Appellant stole $15 from the victim’s purse, and pushed the victim and a security guard while attempting to escape. N.T., 9/17/02, at 5-7. After a non-jury trial on January 3, 2003, the Honorable Chris R. Wogan found Appellant guilty of burglary and simple assault and sentenced her to 40-80 months’ incarceration and a consecutive term of two years’ probation. Later, in consideration of Appellant’s motion for reconsideration of sentence, Judge Wogan reduced the term of incarceration to 36-72 months.

Appellant was released from prison in 2009 after having served the maximum term. On January 24, 2010, police arrested Appellant for DUI and for causing an accident leading to personal injury or death. For those crimes, the Honorable Joseph J. O’Neill sentenced Appellant to 3-6 days’ incarceration and 2 1/2 years’ probation.

On April 3, 2010, Appellant broke into St. Basil’s Convent and St. Michael’s Ukrainian Catholic Church, both in Montgomery County. The next day, she broke into St. Basil’s Convent again. In sum, she stole $85 from the nuns at St. Basil’s and was caught in the Rectory at St. Michael’s. When caught at St. Basil’s on the second day of her crime spree, Appellant possessed a screwdriver, money, and a coin purse. On March 4, 2011, the Honorable Joseph A. Smyth in Montgomery County accepted Appellant’s guilty plea to three counts of burglary and sentenced her to an aggregate term of 7-20 years’ incarceration.

On June 1, 2011, as a result of Appellant’s multiple violations of her probation sentences imposed by Judge Fitzgerald and Judge Wogan, Judge Wogan revoked her probation.4 On July 20, 2011, Judge Wogan denied a motion for recusal filed by Appellant. After a violation of probation sentencing hearing on September 30, 2011, at which Appellant presented two witnesses (a priest and a psychologist), Judge Wogan sentenced Appellant to an aggregate term of 290-580 months’ incarceration (24 years and two months to 48 years, 4 months), to be served consecutively to the term of incarceration of 7-20 years imposed by Judge Smyth in Montgomery County. Judge Wogan denied two timely motions for reconsideration of sentence.

This timely appeal followed in which Appellant raises two issues for consideration:

1. Did not the sentencing court err as a matter of law, abuse its discretion, and violate general sentencing principles when, following a revocation of probation, the [trial] court imposed a sentence of 24 years, 2 months to 48 years, 4 months[’] incarceration, where: this sentence was manifestly excessive and unreasonable; far surpassed what was required to protect the public, the complainants, and the community; went well beyond what was necessary to foster [Appellant’s rehabilitation; and was grossly disproportionate to the crimes[?]
2. Did not the sentencing court err as a matter of law and abuse its discretion when it failed to recuse itself, for any and all of the following reasons: referring to [Appellant as a “pathological liar,” undermining [Appellant’s] right to [740]*740remain silent at the violation of probation hearing, and having the appearance of bias and impropriety through repeated questioning about why [Appellant] targeted only Roman Catholic institutions?

Williams’ Brief at 3.

Appellant’s first issue challenges the discretionary aspects of her sentence. Two requirements must be met before we will review such a challenge on its merits.

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. Second, the appellant must show that there is a substantial question that the sentence imposed is not appropriate under the Sentencing Code. The determination of whether a particular issue raises a substantial question is to be evaluated on a case-by-case basis. In order to establish a substantial question, the appellant must show actions by the trial court inconsistent with the Sentencing Code or contrary to the fundamental norms underlying the sentencing process.

Commonwealth v. Ferguson, 893 A.2d 735, 737 (Pa.Super.2006) (quoting Commonwealth v. McAfee, 849 A.2d 270, 274 (Pa.Super.2004)).5

Appellant has included in her appellate brief a statement of reasons in support of review of the discretionary aspects of the sentence. In asserting that the trial court imposed a sentence unreasonably disproportionate to her crimes and unduly excessive, Williams has provided plausible arguments that her sentence is “contrary to the fundamental norms which underlie the sentencing process.” Commonwealth v. Mouzon, 571 Pa. 419, 812 A.2d 617, 622 (2002) (plurality) (opining that an appellant raises a substantial question when she “sufficiently articulates the manner in which the sentence violates either a specific provision of the sentencing scheme set forth in the Sentencing Code or a particular fundamental norm underlying the sentencing process”); see also Ferguson, 893 A.2d at 737 (reaffirming that a claim that sentence was manifestly excessive presents a substantial question). As Appellant has satisfied this requirement, we proceed to review her claim on its merits.

The imposition of sentence is vested in the discretion of the trial court, and should not be disturbed on appeal for a mere error of judgment but only for an abuse of discretion and a showing that a sentence was manifestly unreasonable. Commonwealth v. Walls, 592 Pa. 557,

Related

Com. v. Whitmore, R.
Superior Court of Pennsylvania, 2025
Com. v. Foat, T.
Superior Court of Pennsylvania, 2025
Com. v. Woodard, D.
Superior Court of Pennsylvania, 2025
Com. v. Walker, A.
Superior Court of Pennsylvania, 2025
Com. v. Solomon, J.
Superior Court of Pennsylvania, 2025
Com. v. Johnson, T.
Superior Court of Pennsylvania, 2025
Com. v. Owens, S.
Superior Court of Pennsylvania, 2024
Com. v. Lorenzo, Z.
Superior Court of Pennsylvania, 2024
Com. v. Lewis, V.
Superior Court of Pennsylvania, 2024
Com. v. Petersheim, M.
Superior Court of Pennsylvania, 2024
Com. v. Walker, J.
Superior Court of Pennsylvania, 2024
Com. v. Moore, D.
Superior Court of Pennsylvania, 2024
Com. v. Mertz, S.
Superior Court of Pennsylvania, 2023
Com. v. Brown, A.
Superior Court of Pennsylvania, 2023
Com. v. Smith, C.
Superior Court of Pennsylvania, 2023
Com. v. Goodco Mechanical, Inc.
2023 Pa. Super. 32 (Superior Court of Pennsylvania, 2023)
Com. v. Cotton, D., Jr.
Superior Court of Pennsylvania, 2022
Com. v. Collins, J.
2022 Pa. Super. 195 (Superior Court of Pennsylvania, 2022)
Com. v. Cherry, L.
Superior Court of Pennsylvania, 2021
Com. v. Sisler, M.
Superior Court of Pennsylvania, 2021

Cite This Page — Counsel Stack

Bluebook (online)
69 A.3d 735, 2013 Pa. Super. 151, 2013 WL 3198409, 2013 Pa. Super. LEXIS 1162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-williams-pasuperct-2013.