Com. v. Czyzewski, J.
1140 EDA 2024
| Pa. Super. Ct. | Apr 14, 2025Background
- Jonathan Ryan Czyzewski was convicted of disorderly conduct and harassment following an incident where he spat on a convenience store employee, which was captured on surveillance footage.
- The trial court sentenced Czyzewski to 60 days of non-reporting probation, a mental health evaluation, and required him to write a letter of apology to the victim.
- Czyzewski appealed only the condition that required him to write a letter of apology, arguing this was an illegal “shaming sentence.”
- The trial court noted it imposed the apology letter condition to rehabilitate, not to shame Czyzewski—especially as he denied responsibility despite video evidence.
- The Pennsylvania Superior Court reviewed whether the apology letter condition was legally permissible as part of probation under 42 Pa.C.S.A. § 9763(b)(15).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of apology letter as probation term | It's illegal shaming punishment | Permissible, aimed at rehabilitation | Condition is lawful under § 9763(b)(15) |
Key Cases Cited
- Commonwealth v. Melvin, 103 A.3d 1 (Pa. 2014) (court may impose apology letters as probation when related to rehabilitation, but not if designed to shame)
- Commonwealth v. Wolfe, 106 A.3d 800 (Pa. Super. 2014), aff’d, 140 A.3d 651 (Pa. 2016) (standard of review for sentence legality is de novo; illegal sentences must be vacated)
- Commonwealth v. Leverette, 911 A.2d 998 (Pa. Super. 2006) (illegal sentences are those without statutory authorization and are subject to correction)