COM. v. BOWEN

No. 1551 EDA 2007.

975 A.2d 1120 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Syvol BOWEN, Appellant.

Superior Court of Pennsylvania.

Filed May 21, 2009.


Attorney(s) appearing for the Case

William K. Sayer, Public Defender, Stroudsburg, for appellant.

Michael Rakaczewski, Asst. Dist. Atty., Stroudsburg, for Com., appellee.

BEFORE: BOWES, SHOGAN, and FITZGERALD, JJ.


OPINION BY FITZGERALD, J.:

¶ 1 Appellant, Syvol Bowen, appeals from the judgment of sentence entered in the Monroe County Court of Common Pleas. Specifically, Appellant challenges the propriety of his aggravated-range sentence, which he alleges was based primarily on his silence at sentencing, thus constituting a violation of his right to remain silent pursuant to the Fifth Amendment of the United States Constitution. We hold that a court may not consider a defendant...

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