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COMMONWEALTH PENNSYLVANIA v. GRACE ELLEN KAMINSKI (12/15/76)

decided: December 15, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
GRACE ELLEN KAMINSKI, APPELLANT



Appeal from the Judgments of Sentence imposed on February 9, 1976, by the Court of Common Pleas, Criminal, of Luzerne County, at Nos. 2500, 2501, 2522, 2563, 2572, and 2619 of 1975. No. 1078 October Term, 1976.

COUNSEL

Joseph F. Sklarosky, Asst. Public Defender, for appellant.

Thomas J. Glenn, Jr., Asst. Dist. Atty., and Patrick J. Toole, Jr., Dist. Atty., Wilkes-Barre, for appellee.

Watkins, President Judge and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., files a dissenting opinion, in which Hoffman, J., joins.

Author: Jacobs

[ 244 Pa. Super. Page 389]

This is an appeal from judgments of sentence imposed on appellant Grace Ellen Kaminski following her pleas of guilty to two counts of theft by unlawful taking or

[ 244 Pa. Super. Page 390]

    disposition*fn1 and to one count each of theft by deception,*fn2 forgery,*fn3 and bad checks.*fn4 The offenses occurred over a ten-month period and involved $923.05. Appellant was sentenced to concurrent terms of three to twelve months on the theft charges and three to twenty-three months on the forgery-bad checks charges. For the reasons hereinafter set forth, we affirm.

On this appeal appellant does not challenge the legality of the sentences nor the propriety of the procedure whereby they were imposed. Her sole complaint is that the sentences were too severe under the totality of the circumstances. In support of this claim, she lists the following reasons why the sentences are too severe:

"1) The criminal conduct of the Defendant neither caused nor threatened serious bodily harm.

"2) The Defendant did not contemplate that her conduct would cause or threaten serious harm.

"3) The Defendant made full restitution.

"4) The Defendant was never in trouble before.

"5) The confinement of the Defendant would entail excessive hardship for her two children, Cindy, age 8, and Jackie, age 6, who are ...


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