Com. v. Pugh, E.
361 WDA 2016
| Pa. Super. Ct. | Jan 30, 2017Background
- Appellant Eric Thomas Pugh pled guilty in 2014 to multiple counts of Possession with Intent to Deliver (marijuana) and received three concurrent 3–23 month sentences plus a consecutive five-year probation term.
- After sentencing, Pugh was convicted of additional offenses in 2015, including DUI (controlled substance), accidents involving damage, driving with suspended privileges, and Flight to Avoid Apprehension; he received concurrent and consecutive terms and was scheduled for a Gagnon II hearing.
- The trial court revoked Pugh’s probation on February 5, 2016 and resentenced him to an aggregate term of 2½ to 5 years (minus one day), with credit for time served.
- Pugh timely appealed, arguing the trial court abused its discretion by imposing an excessive term of total confinement without adequately considering his rehabilitative needs.
- The trial court record showed Pugh did not raise the discretionary-sentencing claim at sentencing or in a timely post-sentence motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by imposing a lengthy term of total confinement after probation revocation | Pugh: sentence is excessive and the court failed to account for rehabilitative needs | Commonwealth/Trial Court: court had authority to reimpose any original sentencing alternatives after revocation; sentence within discretion | Appeal dismissed as waived for failure to preserve discretionary-sentencing claim; judgment of sentence affirmed |
Key Cases Cited
- Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (scope of review after probation revocation includes discretionary-sentencing challenges)
- Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010) (four-part test for invoking appellate review of discretionary sentencing)
- Commonwealth v. Sierra, 752 A.2d 910 (Pa. Super. 2000) (sentence after probation revocation entrusted to trial court discretion)
- Commonwealth v. Parker, 847 A.2d 745 (Pa. Super. 2004) (discretionary-sentencing objections waived if not raised at sentencing or in post-sentence motion)