Appeal from the Judgment of Sentence of July 22, 1985 in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. 8409-563, 565.
Edward Michael Flannery, Philadelphia, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Com. appellee.
Del Sole, Montemuro and Hoffman, JJ.
[ 362 Pa. Super. Page 618]
This is an appeal from the judgment of sentence for theft by receiving stolen property and criminal conspiracy. Appellant contends that the sentencing court erred in considering his prior juvenile adjudications of delinquency as a factor in determining his sentence for a misdemeanor. We disagree and, accordingly, affirm the judgment of sentence.
Appellant was found guilty of theft by receiving stolen property and criminal conspiracy, both misdemeanors of the first degree, following a non-jury trial. He was sentenced to an eleven-and-one-half-to-twenty-three-month term of imprisonment for theft and ordered to pay restitution in the amount of $750.00. He received a suspended sentence for criminal conspiracy. The order of restitution was vacated pursuant to appellant's motion to modify his sentence, and his sentence was otherwise affirmed. This appeal followed.
Appellant contends that the sentencing court erred in considering his prior juvenile adjudications of delinquency
[ 362 Pa. Super. Page 619]
as a factor in sentencing him because this practice is specifically prohibited by statute.*fn1 For the reasons that follow, we agree with appellant that, generally, a court may not consider a prior adjudication of delinquency as a factor in sentencing for a misdemeanor. We do not, however, agree that the court erred in the instant case.
Section 6354 of the Juvenile Act, 42 Pa.C.S.A. §§ 6301-6365, entitled, "Effect of adjudication," provides in relevant part:
(a) General rule. -- An order of disposition or other adjudication in a proceeding under this chapter is not a conviction of crime and does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child in any civil service application or appointment.
(b) Effect in subsequent judicial matters. -- The disposition of a child under this chapter may not be used against him in any proceeding in any court other than at a subsequent juvenile hearing, ...