Elwood Leroy Maneval, Jr. appeals from the judgment of sentence imposed following his conviction for arson and burglary. We hold that Maneval has not raised a substantial question regarding the appropriateness of his sentence, thus we deny allowance of his appeal.
The sentencing guidelines that were in effect on the date of the incident provided a standard minimum range of twenty-four to forty-eight months’ imprisonment. Docket Entry No. 19, Sentencing Guideline Form, attached to Pre-Sentence Investigation Report. The amended guidelines that went into effect twelve days after Maneval committed this offense provided a standard minimum range of six to eighteen months’ imprisonment. Trial Court Opinion, July 16, 1996, at 2. On appeal, Maneval argues that the trial court abused its discretion by refusing to consider the amended guidelines in imposing his sentence.
Maneval is challenging the discretionary aspects of his sentence, not the legality of the sentence. Our threshold inquiry, therefore, is whether he has raised a substantial question as to whether his sentence is appropriate under the Sentencing Code. 42 Pa.C.S. § 9781(b);
Commonwealth v. Cruz-Centeno,
We note initially that Maneval has not included in his brief a concise statement of his reasons relied upon for allowance of appeal, as required by Pa.R.A.P. 2119(f) and
Commonwealth v. Tuladziecki,
From our reading of the brief we can easily determine that no substantial question exists. Accordingly, we will overlook this procedural defect and discuss the reasons for our conclusion.
The existence of a substantial question is determined on a case by case basis.
Commonwealth v. Minott,
Maneval alleges that his sentence was contrary to the fundamental norms of the Sentencing Code because the trial court applied the guidelines that were in effect at the time that he committed this offense, rather than the guidelines that went into effect 12 days after he committed this crime. This argument is patently meritless. Maneval has not explained to us why the Sentencing Code is compromised when a court applies the law that governed at the time that the offense was committed. We conclude that the sentencing court did not err
Appeal DISALLOWED.
