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Commonwealth v. Matteson

Superior Court of Pennsylvania

July 18, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
TIMOTHY JAMES MATTESON, Appellant

Submitted June 16, 2014

Appeal from the Judgment of Sentence of the Court of Common Pleas, Potter County, Criminal Division, No. CP-53-CR-0000122-2012. Before MINOR, J.

Brent A. Petrosky, Public Defender, Lock Haven, for appellant.

Andy J. Watson, Assistant District Attorney, Coudersport, for Commonwealth, appellee.

Before: PANELLA, JENKINS and MUSMANNO, JJ.

OPINION

Page 1065

MUSMANNO, J.

Timothy James Matteson (" Matteson" ) appeals from the judgment of sentence imposed following his convictions of one count each of aggravated indecent assault of a child less than 13 years of age, indecent assault of a person less than 13 years of age and corruption of minors.[1] We affirm.

Following a jury trial, Matteson was found guilty of the above-mentioned crimes. The trial court sentenced Matteson to 120 to 240 months in prison on the aggravated indecent assault of a child conviction,[2] following the Commonwealth's request for the mandatory minimum sentence of 10 years under 42 Pa.C.S.A. § 9718(a)(3).[3]

Matteson filed a timely Notice of Appeal. The trial court ordered Matteson to file a Pennsylvania Rule of Appellate Procedure 1925(b) Concise Statement. Matteson

Page 1066

filed a timely Concise Statement and the trial court issued an Opinion.

On appeal, Matteson raises the following questions for our review:

I. Where a [trial] court sentences [a defendant] pursuant to a Commonwealth request to sentence to the mandatory minimum statute, is such a sentence proper in light of Alleyne v. United ...

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