Commonwealth v. Weathers
95 A.3d 908
| Pa. Super. Ct. | 2014Background
- Appellant Leslie Weathers was convicted of one count of criminal mischief and sentenced to one year probation with restitution of $1.00.
- The trial court later amended restitution to $530.00 based on expected repair costs, without a received receipt at the time.
- Weathers’ counsel requested a receipt to prove repair costs; the Commonwealth did not possess one at sentencing.
- The restitution amount was left open pending receipt provision; Amended order issued June 3, 2013 without stated reasons in record.
- Weathers timely appealed; the trial court entered the June 3, 2013 amendment after judgment but before appellate Transcript.
- Appellant challenges (1) weight of the evidence and (2) legality of the restitution amendment post-sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the verdict against the weight of the evidence? | Weathers argues Dillard lied; credibility undermines guilt. | Trial court erred in credibility finding; verdict against weight of evidence. | No; trial court did not abuse discretion; verdict not against the weight of the evidence. |
| Was the restitution amendment improper after 30 days and during appeal? | Amendment violates Rule 1106(c)(3) and 30-day rule; post-appeal jurisdiction issues. | Court may amend restitution at any time with reasons stated on the record. | Amendment vacated; court lacked jurisdiction to amend after timely appeal. |
Key Cases Cited
- Commonwealth v. Diggs, 949 A.2d 873 (Pa. 2008) (challenge to weight of the evidence is discretionary for the trial court)
- Commonwealth v. Dietrich, 970 A.2d 1131 (Pa. 2009) (restitution may be amended under 18 Pa.C.S. § 1106(c)(3) with reasons on the record)
- Commonwealth v. Ledoux, 768 A.2d 1124 (Pa.Super.2001) (jurisdiction vests in appellate court upon timely notice of appeal)
- Commonwealth v. Coolbaugh, 770 A.2d 788 (Pa.Super.2001) (courts may raise jurisdictional issues sua sponte)