Legal Question in Criminal Law in Pennsylvania

sentencing/appeals

i want to know why a judge can grant an appeal and then give the same sentence? the only difference between the first sentence and the second sentence was a drop in the fine. my boyfriend was supposed to get 1 to 4 months and the judge went outside of guidelines and gave him 6 months to a year. the charges where simple possession of 1/2 an ounce of psilocybin mushrooms. he made a deal with the district attorneys office to testify against the kid he was busted with. So how is it possible that the judge can give him the same sentence? Can i file another appeal on his behalf with a different judge?


Asked on 10/06/00, 12:13 pm

1 Answer from Attorneys

Re: sentencing/appeals

An appealjust means that the court will re-visit the prior court hearing and decision. If the court then agrees that there was a significant problem of any kind, it may order a new trial, modify the original sentence, or affirm the prior court findings.

You filed an appeal, and after looking at what happened previously, the court decided to make minor changed to the original sentence. I know of no drug offences that have a 1-4 month sentence. I believe you are confused by the typical or recommended sentencing, but there are also 'mitigating' and aggrevating factors the court will consider, including prior crimes, who he was selling to (kids vs. adults), the quantity, where he was selling, was any force of violence involved, etc., etc.

Can you appeal? Only if you have a basis for an appeal. This is a complicated thing to explain, but I will say, you can NOT use the same basis as the last appeal, you must find something 'wrong' with what happened in the second proceeding to file an appeal.

You will need to speak with an attorney.

Kevin J. Begley, Esq.

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Answered on 11/03/00, 6:24 pm


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