Appeal from the Judgment of Sentence December 1, 2010, Court of Common Pleas, Philadelphia County, Criminal Division at Nos. CP-51-CR-0001772-2008, CP-51-CR-0002812-2009
BEFORE: DONOHUE, MUNDY and OLSON, JJ.
Appellant, Lorne J. Cooke ("Cooke"), appeals the judgments of sentence in these two appeals, raising issues related to the discretionary aspects of his sentences in both cases. For the reasons that follow, we affirm.
On April 28, 2008, Cooke plead guilty to burglary, 18 Pa. C.S.A. § 3502, at docket number CP-51-CR-0001772-2008, before the Honorable Judge Ellen Ceisler. Judge Ceisler sentenced Cooke to a term of incarceration of 11½ to 23 months, followed by four years of probation. Judge Ceisler permitted Cooke to serve his sentence on work release.
While on work release, Cooke committed another burglary. On January 16, 2009, Cooke was arrested and charged at docket number CP-51-CR-0002812-2009. On January 26, 2010, Cooke entered an open guilty plea to burglary, theft by unlawful taking of movable property, 18 Pa. C.S.A. § 3921, possessing an instrument of crime, 18 Pa. C.S.A. § 907, and receiving stolen property, 18 Pa. C.S.A. § 3925. The Honorable Judge Roxanne Covington sentenced Cooke to a term of incarceration of 11½ to 23 months, to be served on house arrest, followed by three years of probation.
On December 1, 2010, Cooke appeared before Judge Ceisler for a violation of probation hearing. The evidence presented showed that in addition to having been convicted of new crimes (i.e., at CP-51-CR-0002812-2009), Cooke had also repeatedly violated the terms of his house arrest. He tested positive for cocaine use on July 16, 2010, July 30, 2010, August 13, 2010, October 19, 2010, and November 2, 2010, and walked out of two other drug tests without completing them. N.T., 12/1/10, at 4-5. In addition, Cooke violated the terms of his house arrest by leaving his home, even though he had been warned not to go even so far as the front porch or steps. Id. at 5-6. Judge Ceisler noted that neither work release nor house arrest had worked for Cooke, id. at 12, and she sentenced him to a term of incarceration of 2½ to 7 years.
On December 10, 2010, Cooke appeared before Judge Covington, at which time she revoked his probation and terminated his parole. For his multiple failures to comply with the terms of his house arrest (including to refrain from using drugs and to participate in drug treatment), Judge Covington sentenced Cooke to a term of incarceration of 18 to 36 months, to run concurrently with the sentence imposed by Judge Ceisler.
Cooke has appealed both of these sentences. At docket number 2010 EDA 3501, Cooke has appealed the sentence imposed by Judge Ceisler, raising the following issue for our determination:
Was not the lower court's imposition of two and a half to seven years confinement manifestly excessive and an abuse of discretion where the court failed to give any consideration to [Cooke's] individualized circumstances and failed to explain how, as a matter of law, this sentence was the least stringent one adequate to protect the community and to serve the individual needs of [Cooke].
Cooke's Brief at 3. At docket number 2010 EDA 3437, Cooke has appealed the sentence imposed by Judge Covington, raising the following issue for our consideration and review:
Was not the state sentence of one and a half to three years confinement imposed in violation of 42 Pa. C.S. § 9771(c) for [Cooke's] technical violations given that all of [Cooke's] infractions were a result of his addictions, he had no direct violations and the ...