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Commonwealth v. Weathers

Superior Court of Pennsylvania

July 1, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
LESLIE WEATHERS, Appellant

Appeal from the Judgment of Sentence Entered March 11, 2013. In the Court of Common Pleas of Allegheny County, Criminal Division at No(s): CP-02-CR-0008926-2012.

BEFORE: BENDER, P.J.E., WECHT, J., and PLATT, J.[*]

OPINION

Page 909

BENDER, P.J.E.

Appellant, Leslie Weathers, appeals from the March 11, 2013 judgment of sentence of one-year probation and restitution in the amount of $1.00 imposed after he was convicted of one count of criminal mischief. Appellant also challenges the court's June 3, 2013 amendment to the order of restitution to $530.00. We affirm the original judgment of sentence imposed, but vacate the amended order of restitution.

The trial court summarized the facts of this case as follows:

On January 9, 2012, Leon Dillard was working alone at Simmie's, a restaurant and retail store located at 8500 Frankstown Road, Allegheny County. Dillard arrived at Simmie's at approximately 10:00 A.M. and parked his distinctive 1992 Cadillac in his usual spot in the back of the side lot. Dillard encountered Appellant on his way into Simmie's, and advised Appellant to move his van because the back of the vehicle was sticking out into the street and could cause an accident. Appellant ignored Dillard and followed him inside the store. Dillard knew Appellant for approximately two years as a contract window cleaner for Simmie's.
Dillard waited on several customers as Appellant stood behind the counter. One customer returned to the store to advise Dillard to have the van moved because it was likely to cause an accident where it was parked. Dillard again told Appellant to move his van, but Appellant refused. Dillard continued to wait on customers, but Appellant began to mutter obscenities towards the customers. Dillard told Appellant that he was going to call 911 if he did not leave. Appellant left and Dillard told him to wait for him in the parking lot. Dillard continued to wait on customers while Appellant impatiently waited outside, occasionally opening the door to the store to look inside at Dillard.
Ten minutes after Dillard ordered Appellant from the store, Dillard walked into the parking lot. Appellant's van was gone and the only car in the parking lot was Dillard's Cadillac. Upon approaching his vehicle[,] he found that a brick had been thrown through the front driver's side window, smashing the window and damaging the leather armrest. Dillard's iPod and other valuables were still in the Cadillac.
At approximately 1:00 P.M., Dillard's cousin and co-owner of the property where Simmie's is located, Jocelyn Rouse, received a phone call from Appellant. Appellant was rambling and screaming that he " ran around and busted his window." In the week that followed[,] Rouse attempted to settle the incident by having Appellant pay Dillard for the damage. When Rouse repeatedly asked Appellant why he had broken the window in Dillard's car, Appellant never denied breaking Dillard's window. When Appellant failed to pay Dillard at a prearranged meeting, Rouse called the police to report that Appellant had broken Dillard's window on her property.

Page 910

Appellant was arrested and charged [with one count of criminal mischief].

Trial Court Opinion (T.C.O.), 1/10/14, at 4-5 (citations to record omitted).

Appellant proceeded to a non-jury trial on March 4, 2013, where he was found guilty. At the sentencing hearing, the Commonwealth submitted a restitution request for $530.00, which was an estimate of the cost of repairing the damages to Leon Dillard's vehicle. In response, Appellant's counsel asked that the Commonwealth provide a receipt to prove the amount of those repairs. Because the Commonwealth did not possess a receipt at that time, the parties agreed to leave the restitution amount open until the Commonwealth received a receipt from Dillard. See N.T. Sentencing, 3/11/13, at 4. Consequently, the trial court sentenced Appellant to ...


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