Com. v. Warunek, J., 279 A.3d 52

In 2019 Warunek was charged after a serious hit-and-run; victim Keith Koble required eight surgeries and a 54-day hospital stay. Most medical costs were paid by insurers.
On November 12, 2021 Warunek pleaded guilty to one count of leaving the scene of an accident (75 Pa.C.S. § 3742(a)); other charges were withdrawn.
At plea/sentencing the court imposed 3–23 months imprisonment, 5 years probation, and $643,358.79 in restitution (allocated $2,668 to the victim, $12,172 to Progressive, $628,518.74 to Aetna). Counsel stated Warunek agreed with the amount.
No timely post-sentence motion was filed; an untimely nunc pro tunc motion was denied by the trial court.
On appeal Warunek argued the restitution order was illegal because he never admitted, nor was proven, that his criminal conduct (leaving the scene) caused the victim’s injuries or medical expenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Legality of restitution where plea was only to failure to remain at scene (75 Pa.C.S. § 3742(a))	Restitution was proper because record shows Warunek admitted driving the vehicle that struck the victim and counsel agreed to the amount.	Plea to § 3742(a) does not establish causation; leaving the scene is a separate offense that applies irrespective of who caused the accident, so restitution for medical costs lacks the required direct link.	Court vacated restitution in part: restitution unlawful because no causal nexus was established between the criminal conduct convicted (leaving scene) and the victim’s injuries/costs; remanded for resentencing on restitution.
Waiver/preservation of restitution challenge given counsel’s agreement and untimely post-sentence motion	Objection waived because defense counsel agreed to the restitution amount and post-sentence motion was untimely.	Illegality of sentence cannot be waived; challenge to illegal sentence is reviewable sua sponte.	Court held legality reviewable de novo; agreement by counsel does not cure an illegal sentence.

Commonwealth v. Ramos, 197 A.3d 766 (Pa. Super. 2018) (illegal sentence must be vacated if not statutorily authorized)
Commonwealth v. Rivera, 154 A.3d 370 (Pa. Super. 2017) (a defendant cannot agree to an illegal sentence)
Commonwealth v. Wolfe, 106 A.3d 800 (Pa. Super. 2014) (challenge to illegality of sentence may be raised sua sponte)
Commonwealth v. Muhammed, 219 A.3d 1207 (Pa. Super. 2019) (orders of restitution reviewed de novo as part of judgment of sentence)
Commonwealth v. Holmes, 155 A.3d 69 (Pa. Super. 2017) (restitution requires a direct link between the crime and requested damages)
Commonwealth v. Satterfield, 255 A.3d 438 (Pa. 2021) (§ 3742(a) penalizes involvement in an accident triggering duty to stop, irrespective of causation)
Commonwealth v. Cooper, 466 A.2d 195 (Pa. Super. 1983) (restitution stricken where defendant pleaded only to leaving scene and was not charged with causing victim’s death)