from the Judgment of Sentence September 20, 2016 In the Court
of Common Pleas of Monroe County Criminal Division at No(s):
BEFORE: LAZARUS, J., RANSOM, J., and PLATT, J. [*]
Michael Rotola appeals from the trial court's judgment of
sentence, entered in the Court of Common Pleas of Monroe
County, following his open guilty plea to theft of property
lost, mislaid or delivered by mistake (M-1),  ordering him
to serve 9-24 months', less one day, imprisonment, and
pay restitution in the amount of $25, 000, jointly and
severally with his co-defendant. After careful review, we
vacate and remand.
trial court summarized the relevant facts underlying this
case as follows:
On October 25, 2015, Pocono Mountain Regional Police
Department received a call from Theresa Mahoney, regarding
a theft at her residence, located at 191 Flame Drive,
Tunkhannock Township, Monroe County. Theresa had arrived home
to find her front door damaged and her television and $15,
000-$20, 000 worth of jewelry missing. Mahoney advised
officers that there had been multiple burglaries and thefts
in the neighborhood since her neighbor Thomas Pollard 
moved in with his mother at 222 Flame Drive.
A database search on Leadsonline showed that a Thomas Pollard
of 222 Flame Drive sold jewelry to P&J Coin and Gold
Exchange in Broadheadsville, PA. Mahoney later identified
several pieces of unique jewelry on display at the pawn shop
as belonging to her and stolen from her residence. On
November 11, 2015, a search warrant was served at
Pollard's residence. After the search was concluded,
Detective Kenneth Lenning  and Detective Ryan Venneman 
interviewed Pollard. Officers also spoke with community
members in the development who advised . . . [Detective]
Lenning that the police should look into Pollard's
brother, John Rotola, and Catherine McDonnell, both residents
of the development.
A database search on Leadsonline showed that a Catherine
McDonnell sold several pieces of jewelry to P&J Coin and
Gold Exchange in Broadheadsville, PA. Mahoney was shown
pictures of the various items sold to the pawn shop and
identified all the pieces of jewelry as belonging to her and
stolen from her residence. Mahoney also identified a
heart-shaped pendant and ring on display at the pawn shop as
belonging to her. A receipt on Leadsonline showed that
Rebecca Heddy of Effort, PA had sold the jewelry to the pawn
On November 11, 2015[, ] Lenning received a call from
[Defendant] advising him that he had some information for him
regarding the recent burglaries in his neighborhood. Rotola
advised Lenning and Venneman that he got himself wrapped up
in the burglaries that were going on in the community. He
stated that one night he was driving around the development
with his brother, Pollard, when they ran into their friend
Adam Lugo. Lugo asked Pollard if he would sell some jewelry
for him. Pollard agreed and Rotola drove his brother to
P&J Pawn shop where they sold the jewelry. The next day
Rotola noticed some jewelry inside his truck. After asking
around to see if any of his friends left it in the truck, he
decided it had probably fallen out of the bag of jewelry his
brother had the day before. Rotola asked his friend Catherine
McDonnell to go with him to the pawn shop and sell the
jewelry for him because he did not have any identification.
Rotola admitted that he drove McDonnell to the pawn shop on
two separate occasions to sell the jewelry he found.
On November 13, 2015, Lenning and Venneman interviewed
Rebecca Heddy at her residence. Heddy stated that she
received a phone call from Rotola asking her to come to his
residence because he had something to talk to her about.
Heddy stated that Rotola told her that he needed money to
feed his children and asked if she would sell some of his
wife's jewelry. Heddy agreed to give Rotola $50 in
exchange for the bag of jewelry which she later sold for over
$200 to P&J Pawn Shop.
Trial Court Opinion, 1/17/17, at 1-3.
27, 2016, Rotola pled guilty to one count of theft of
property, lost, mislaid, or delivered by mistake. On
September 19, 2016, Rotola was sentenced to 9-24 months',
minus one day, incarceration in the Monroe County
Correctional Facility and ordered to pay $25, 934.44 in
restitution to the victim and $120.27 to American Modern
Insurance Group. On September 29, 2016, Rotola filed a motion
to reconsider sentence requesting amendment of the
restitution amount. On October 31, 2016, after a hearing, the
court granted Rotola's motion and modified the
restitution portion of Rotola's sentence to $25, 000,
jointly and severally with his co- defendant.
filed a timely notice of appeal and court-ordered Pa.R.A.P.
1925(b) concise statement of errors complained of on appeal.
On appeal, Rotola presents a single issue for our review:
Whether the lower court abused its discretion at the time of
sentencing by ordering that [Rotola] pay restitution in an
amount that was [neither] commensurate with his degree of
criminality nor supported by the record?
an award of restitution lies within the discretion of the
[trial] court, it should not be speculative or excessive and
we must vacate a restitution [o]rder which is not supported
by the record." Commonwealth v. Balisteri, 478
A.2d 5, 9 (Pa. Super. 1984). Mandatory restitution, as part
of a defendant's sentence, is authorized by 18 Pa.C.S.
§ 1106, which states, in relevant part:
§ 1106. Restitution for injuries to person or property
(a) GENERAL RULE.-- Upon conviction for any crime wherein
property has been stolen, converted or otherwise unlawfully
obtained, or its value substantially decreased as a direct
result of the crime, or wherein the victim suffered personal
injury directly resulting from the crime, the offender shall