COM. v. FELIX


372 Pa.Super. 145 (1988)

539 A.2d 371

COMMONWEALTH of Pennsylvania, Appellant, v. Charles FELIX, Jr., Appellee.

Supreme Court of Pennsylvania.

Filed March 14, 1988.


Attorney(s) appearing for the Case

Hugh Burns, Jr., Assistant District Attorney, Philadelphia, for Com., appellant.

Dale G. Larrimore, Philadelphia, for appellee.

Before ROWLEY, KELLY and WATKINS, JJ.


KELLY, Judge:

The Commonwealth appeals from a sentence of "time in" (four months) to twenty-three months imposed upon appellee Charles Felix, Jr., following his conviction in a bench trial of burglary and theft. The Commonwealth argues that the trial court abused its discretion by unreasonably sentencing appellee below the applicable mitigated minimum range. Despite the subsequent invalidation of the sentencing guidelines, we find that: the appearance of a substantial...

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