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COMMONWEALTH PENNSYLVANIA v. JO DENA ROXANNE RUSSO (04/02/82)

filed: April 2, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
JO DENA ROXANNE RUSSO, APPELLANT



NO. 2790 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division of Monroe County at No. 438-1980.

COUNSEL

Donald G. Scheck, Stroudsburg, for appellant.

James F. Marsh, District Attorney, Stroudsburg, submitted a brief on behalf of Commonwealth, appellee.

Beck, Watkins and Hoffman, JJ. Watkins, J., dissents.

Author: Beck

[ 297 Pa. Super. Page 426]

This is an appeal from a judgment of sentence following a plea of guilty to a single count of theft. Appellant was sentenced to imprisonment for a period of three to twenty-three months and thereafter filed a timely Petition for Reconsideration of Sentence, as to which the lower court took no action.*fn1 The sentencing judge subsequently filed an opinion in support of judgment of sentence pursuant to Pa.R.A.P. 1925(a).

Appellant alleges that the trial court abused its discretion in sentencing by failing to adequately consider provisions of the Sentencing Code, 42 Pa.C.S.A. § 9701 et seq.*fn2 The various sentencing options are provided in 42 Pa.C.S.A. § 9721(a):

In determining the sentence to be imposed the court shall, except where a mandatory minimum sentence is otherwise provided by law, consider and select one or more of the following alternatives, and may impose them consecutively or concurrently:

[ 297 Pa. Super. Page 427]

(1) An order of probation.

(2) A determination of guilt without further penalty.

(3) Partial confinement.

(4) Total confinement.

(5) A fine.

The single guiding principle for the sentencing court is: "that the sentence imposed should call for confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and the community, ...


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