Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

[U] Commonwealth v. Wells

Superior Court of Pennsylvania

June 18, 2013

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
SILLIS WELLS, Appellant COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
SILLIS WELLS, Appellant COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
SILLIS WELLS, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence September 14, 2011 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0005639-2011, CP-51-CR-0005393-2011, CP-51-CR-0005391-2011

BEFORE: STEVENS, P.J., WECHT, J., and COLVILLE, J. [*]

MEMORANDUM

STEVENS, P.J.

This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County after Appellant pled guilty to four counts of Robbery, one count of Aggravated Assault, one count of Criminal Conspiracy, and several firearms offenses. Sentenced to an aggregate term of 50 to 100 years' incarceration, Appellant charges the court with abusing its sentencing discretion in imposing upward departure sentences given what he describes as the non-violent crimes involved, his rehabilitative needs, and his expression of remorse at the time of sentencing. Because the record lacks a transcript necessary for meaningful appellate review of the sentencing claim, we remand for a proceeding to determine accountability for the missing transcript, and retain panel jurisdiction.

The trial court has authored an opinion aptly setting forth the facts and procedural history relevant to our disposition:

[T]here cases [were] adjudicated before th[e trial] court. The first case, [], arose from a gunpoint robbery taking place of February 15, 2011 at the 67th Street Café in Philadelphia. Defendant [hereinafter "Appellant"] and Dominic Ivy were squatting in a house roughly half a block from the bar. Scouting the location, Ivy entered the bar with a ten-dollar bill and asked for change. Within ten minutes, Ivy reentered the bar, this time accompanied by Appellant. Appellant and Ivy proceeded to rob the bar's occupants—two patrons and a 70-year-old bartender—at gunpoint. The gun used was taken from another house during a previous burglary.
On March 9, 2011, Appellant was charged with two counts of Robbery—Threat of Immediate Serious Injury (18 Pa.C.S. § 6105(A))1)) stemming from the February 15, 2011 incident. On July 6, 2011, Appellant entered a non-negotiated guilty plea to all charges. On September 14, 2011, Appellant was sentenced to 10-20 years' imprisonment for each of the Robbery convictions and 10 years' probation for the Possession of Firearm Prohibited conviction.
The second case, [], arose from an incident which occurred on March 9, 2011. Appellant conducted a robbery virtually identical to the one he participated in on February 15, 2011. As the same bartender from the February 15, 2011 incident opened the bar, Appellant entered the bar, using the same gun from the previous robbery, and again robbed both the bartender and the one patron at gunpoint. This time, Appellant put the gun in the bartender's face and took five hundred dollars.
On March 9, 2011, Appellant was charged with two counts of Robbery—Threat of Immediate Serious Injury (18 Pa.C.S. § 3701(A)(1)(ii)), and one count of Conspiracy (18 Pa.C.S. § 903), one count of Possession of Firearm Prohibited (18 Pa.C.S. § 6105(A)(1)) from the March 9, 2011 incident. On July 6, 2011, Appellant entered a non-negotiated guilty plea to all charges. On September 14, 2011, Appellant was sentenced to 10-20 years' imprisonment for each of the Robbery convictions, 20 years' probation for the Conspiracy conviction, and 7 years' probation for the Possession of Firearm Prohibited conviction.
The third case, [], resulted from a March 8, 2011 incident. While outside Danny D's Bar on 67th and Buist Streets in Philadelphia, Appellant got in a fight with two other males and pulled out and discharged a gun at them. Both men were then transported to a hospital, where they received treatment for hand injuries, which appeared not to be the result of gunshot wounds.
On April 6, 2011, Appellant was charged with one count of Aggravated Assault (18 Pa.C.S. § 2702(A)), one count of Possession of Firearm Prohibited (18 Pa.C.S. § 6105(A)(1)), and one count of Firearms Not to be Carried Without a License (18 Pa.C.S. § 6106(A)(1)), from the incident on March 8, 2011. On July 6, 2011, Appellant entered a non-negotiated guilty plea to all charges. On September 14, 2011, Appellant was sentenced to 10-20 years' imprisonment for the Aggravated Assault conviction, 10 years' probation for the Possession of Firearm Prohibited conviction, and 7 years' probation for the Firearms Not to be Carried Without a License conviction.
On September 21, 2011, Appellant filed a Motion for Reconsideration with [the trial] court, which was denied on November 17, 2011. On December 16, 2011, Appellant filed a timely Notice of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.