from the Judgment of Sentence, December 18, 2017, in the
Court of Common Pleas of Bucks County, Criminal Division at
BEFORE: BOWES, J., SHOGAN, J., and KUNSELMAN, J.
Edward Murphy appeals from his judgment of sentence entered
after a judge determined he violated the terms of his
probation. After review, we vacate his judgment of sentence
and the finding of a violation and remand for a new probation
2017, Murphy pleaded guilty to pulling a false fire alarm in
an apartment building. After accepting a plea deal between the
Commonwealth and Murphy, the trial judge, using a form order,
imposed a sentence of 18 months of county probation.
See Trial Court Order, 7/12/17. The judge completed
the rest of the relevant portions of the form order as
[X] Other: Probation may term[inate]
after completion of 12 months with no violations if approved
by adult probation - this case to stay with Judge Gibbons
[X] Costs within . . .
[X] Anger Management Program: Screen for / Ordered . . .
[X] No Contact with Victim: Colonial Point Apts. Complex . .
[X] Drug & Alcohol/Mental Health Evaluation within days
and abide by recommendations . . . .
Id. (italics indicates handwritten portion of
order). Notably, the order failed to specify when
Murphy had to commence or complete the special conditions of
the anger management classes or the drug and alcohol/mental
months later, the Commonwealth summoned Murphy before the
trial judge for failing to comply with those special
Officer Natalia Mozyrsky, addressed the trial judge on behalf
of the Commonwealth. See N.T., 12/18/17, at 2-3.
According to Officer Mozyrsky, Murphy "stated
unequivocally that he will not put out a dime of his own
money to pay for any condition that the court had ordered and
will not complete a drug and alcohol or mental health
assessment, nor pay for anger management classes other than
the class he found on the Internet." Id. at
trial judge was familiar with Murphy, because she had
sentenced him following his negotiated guilty plea to the
false-alarm charge in July 2017. In fact, when she originally
sentenced him on that charge, she included a condition at his
guilty plea hearing that, "If [Murphy] violates this
probation, he be brought back in front of me and that I will
determine what the appropriate sanction will be." N.T.,
7/12/17, at 19-20. At the revocation hearing, the trial judge
allowed Murphy to testify about his inability to pay. N.T.,
12.18/17, at 6-10. ...