Com. v. Smith, A. ( 2018 )

J-S77009-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
ALFONSO SMITH,
Appellant No. 1015 MDA 2017
Appeal from the Judgment of Sentence Entered May 2, 2017
In the Court of Common Pleas of Berks County
Criminal Division at No(s): CP-06-CR-0000570-2013
BEFORE: BENDER, P.J.E., LAZARUS, J., and STEVENS, P.J.E.*
MEMORANDUM BY BENDER, P.J.E.: FILED FEBRUARY 12, 2018
Appellant, Alfonso Smith, appeals from the judgment of sentence of 2
to 5 years’ incarceration, with credit for 283 days of time served, imposed
after his probationary sentence was revoked based on technical violations.
After review, we affirm.
The trial court summarized the procedural history of Appellant’s
underlying case, which we need not reproduce herein. See Trial Court
Opinion (TCO), 8/10/17, at 1-3. On appeal, Appellant argues that the trial
court imposed an excessive term of incarceration following the revocation of
his probation due to his technical violations of failing to report to his
probation officer. Specifically, Appellant avers that the court failed to
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* Former Justice specially assigned to the Superior Court.
J-S77009-17
properly weigh his mental illness and rehabilitative needs, as well as the
gravity of the offense, and the protection of the public.
We have reviewed the certified record, the briefs of the parties, and
the applicable law. Additionally, we have considered the Pa.R.A.P. 1925(a)
opinion of the Honorable Peter W. Schmehl of the Court of Common Pleas of
Berks County. We conclude that Judge Schmehl’s well-reasoned opinion
adequately demonstrates that the court weighed the requisite sentencing
factors, including Appellant’s mental illness and rehabilitative needs, and
reasonably concluded that a standard range sentence of incarceration was
appropriate to vindicate the court’s authority. Thus, we adopt Judge
Schmehl’s opinion as our own, and affirm Appellant’s judgment of sentence
on the grounds set forth therein.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 02/12/2018
-2-
Circulated 01/31/2018 11:54 AM
COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS
OF BERKS COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
v.
No. CP-06-CR-570-2013
ALFONSO .SMITH,
Appellant
Justin Bodor, Assistant District Attorney, for the Commonwealth
Rachel Silver, Assistant Public Defender, for the Defendant/Appellant
OPINION, Schmehl, S.J. Dated: August 9 , 2017
Alfonso Smith (hereinafter "Appellant"), appeals the May. 2, 2017 sentence order
committing him to a state correctional facility as the result of his violating his probation.
I. FACTUAL and PROCEDURAL HISTORY
By Information filed February 28, 2013, Appellant was charged with Possession of a
Controlled Substance (Heroin), Possession with Intent to Deliver a Controlled Substance
(Heroin) and Delivery of a Controlled Substance (Heroin). The Commonwealth had already
filed on February 22, 2013 its Notice of Intention to Proceed with Mandatory Minimum
Sentencing under 18 Pa.C.S.A. § 6317 (drug-free school zones), which required a minimum of
two years of incarceration. Appellant applied for participation in Treatment Court and the
Intermediate Punishment Program. Over the Commonwealth's objection, Appellant was
admitted to the Intermediate Punishment Program. On November l 9, 20 l 5, Appellant pleaded
gui.lJY. to Count 3, Delivery of a Controlled Substance and was sentenced by the undersigned to
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