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COMMONWEALTH PENNSYLVANIA v. JAMES JONES (05/03/88)

submitted: May 3, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES JONES, APPELLANT



Appeal from the Judgment of Sentence May 29, 1987 in the Court of Common Pleas of Allegheny County, Criminal Division at No. CC8508892A

COUNSEL

David S. Shrager, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Com., appellee.

Cirillo, President Judge, and Beck and Popovich, JJ.

Author: Cirillo

[ 375 Pa. Super. Page 195]

This is an appeal from the judgment of sentence entered by the Court of Common Pleas of Allegheny County on May 29, 1987.

[ 375 Pa. Super. Page 196]

We note initially that the appellant, James Jones, has challenged the excessiveness of his sentence. He has failed, however, to include in his brief a statement of reasons relied on for appeal as required by Pennsylvania Rule of Appellate Procedure 2119(f) and Commonwealth v. Tuladziecki, 513 Pa. 508, 522 A.2d 17 (1987). Because an appellant who challenges the discretionary aspects of sentence is not entitled to an appeal of right, but is only entitled to a review of his sentence if he has presented a substantial question to this court that his sentence compromises the Sentencing Code as a whole, Tuladziecki, 513 Pa. at 515, 522 A.2d at 20, we are precluded from considering Jones' appeal. We therefore quash the portion of this appeal dealing with sentencing.

We have disposed of the sentencing question first because we believe Tuladziecki prevents us from examining the merits of the case in attempting to determine whether a substantial question exists. Id., 513 Pa. at 513, 522 A.2d at 19. Having quashed that part of the appeal, we will now examine the merits of this case. James Jones, was married to Carol Yobst for a period of eight years. The couple had problems with their relationship, and Jones moved out of their home and into the home of Linda Beatty. On June 18, 1985, Yobst was in the area of the Beatty house with a friend. Jones, who was driving his truck at the time, saw Ms. Yobst, and stopped to speak with her. They began to argue. Yobst testified that she refused to go with Jones, and that he, at that point, jumped back in the truck and bumped her with it. He then "gunned" the truck, according to Yobst, ran her over with it, and backed up, running her over again. She suffered severe injuries which paralyzed her from the waist down, and confined her to a wheelchair for life.

Jones argues that the trial court improperly allowed the prosecution to examine him on what it claimed was a prior inconsistent statement made during his plea colloquy.

At the time of the plea colloquy, Jones had told the court that he had moved the truck down the alley toward Yobst

[ 375 Pa. Super. Page 197]

    and bumped her twice before running her down and then backing over her. At trial, Jones testified that his truck had been stopped when Yobst climbed up onto it with a full beer can, and that she then fell and injured herself when he put it in reverse attempting to escape her attack. He testified at trial that he never ran her over.

Jones was charged with criminal attempt to commit homicide, aggravated assault, recklessly endangering another person, and leaving the scene of an accident involving death or personal injury. He was convicted on three of those counts, and acquitted on the count of criminal attempt to commit homicide. His post-trial motions were denied, and he was sentenced to a period of not less than five nor more than ten years incarceration on the aggravated assault count. The court merged the count of recklessly endangering another person into the count of aggravated assault for purposes of sentencing, and did not sentence Jones on ...


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