Commonwealth v. Kelly, 33 A.3d 638

Kelly pled guilty to theft and possession of drug paraphernalia on January 11, 2010 and received two concurrent one-year probation terms.
On December 22, 2010, Kelly violated probation multiple times and requested a presentencing psychiatric evaluation; court declined to order an evaluation and did not issue a PSI.
Probation was revoked and Kelly was sentenced to consecutive terms: 12–24 months for theft and 6–12 months for possession.
Kelly timely appealed challenging the discretionary aspects of sentencing and the court’s failure to order a PSI and psychiatric report.
The Superior Court vacated the judgment and remanded for resentencing, holding the trial court failed to satisfy Rule 702 and to obtain a PSI or adequately inquire into circumstances.
There was a dissent by Judge Allen arguing the court did not abuse discretion in denying a pre-sentence psychiatric evaluation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the sentence error for insufficient consideration of a PSI/psychiatric report?	Kelly	Kelly	Remanded for resentencing; failure to satisfy PSI/psychiatric requirements
Was the manifest excessiveness claim waived?	Kelly	Kelly	Waived; but merits considered for PSI issue

Commonwealth v. Flowers, 950 A.2d 330 (Pa. Super. 2008) (psychiatric evaluation optional; dictates Rule 702 avenues)
Commonwealth v. Goggins, 748 A.2d 721 (Pa. Super. 2000) (essential PSI components and pre-sentence inquiry)
Commonwealth v. Mouzon, 571 Pa. 419, 812 A.2d 617 (2002) (substantial question standard for manifest excessiveness)
Commonwealth v. Crump, 995 A.2d 1280 (Pa. Super. 2010) (record must reflect consideration of crime and character)
Commonwealth v. Holder, 569 Pa. 474, 805 A.2d 499 (2002) (probation revocation sentencing procedure; reduced due process protections)
Commonwealth v. Malovich, 903 A.2d 1247 (Pa. Super. 2006) (conditions for total confinement after revocation)