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COMMONWEALTH PENNSYLVANIA v. RICHARD JEZORWSKI (08/15/80)

SUPERIOR COURT OF PENNSYLVANIA


filed: August 15, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD JEZORWSKI, APPELLANT

No. 301 October Term 1979, Appeal from the Judgment of Sentence Entered January 4, 1979 of the Court of Common Pleas, Criminal Division, of Lackawanna County, No. 505 of 1978, No. 2076(J) of 1977.

COUNSEL

Robert T. Gownley, Jr., Assistant Public Defender, Scranton, for appellant.

Ernest D. Preate, Jr., District Attorney, Scranton, for Commonwealth, appellee.

Wickersham, Brosky and Eagen, JJ.*fn*

Author: Per Curiam

[ 280 Pa. Super. Page 180]

Richard Jezorwski plead guilty to (1) escape from prison, and (2) unauthorized use of a motor vehicle without the consent of the owner. On the first-mentioned charge, a prison sentence of two to four years was imposed. On the second charge, a concurrent prison sentence of one day was imposed.

Jezorwski filed a motion challenging the legality of the sentence and seeking reconsideration of the sentences imposed. After a hearing, the motion was denied. This appeal followed.

Jezorwski's sole complaint is that the sentence imposed was so manifestly excessive as to constitute too severe a punishment and, as such, constituted an abuse of discretion by the sentencing court.

This state's procedure of indeterminate sentencing*fn1 necessitates the granting of broad discretion to the sentencing court, and that court's determination will not be disturbed absent a manifest abuse of discretion. Commonwealth v. Martin, 466 Pa. 118, 351 A.2d 650 (1976). Our Supreme Court has stated a sentencing court must consider the particular circumstances of the offense and the characteristics of the defendant in all sentencing determinations. Commonwealth v. Martin, supra. Within this framework, the limits placed on the sentencing court's discretion are that it must not overlook pertinent facts, disregard the force of evidence, commit error of law, or inflict punishment exceeding that prescribed by statute. Commonwealth v. Knight, 479 Pa. 209, 387 A.2d 1297 (1978).

A review of the record discloses the following. The sentencing court considered the particular circumstances of the crime, as well as Jezorwski's history and background.

[ 280 Pa. Super. Page 181]

Commonwealth v. Kostka, 475 Pa. 85, 379 A.2d 884 (1977). The sentence imposed was well within that allowed by statute,*fn2 and the court filed a timely opinion stating its reasons for the imposition of sentence. Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977).*fn3

We find no abuse of discretion.


*fn* Chief Justice MICHAEL J. EAGEN of the Supreme Court of Pennsylvania, is sitting by designation.


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