COM. v. BOYD

No. 1179 WDA 2010

73 A.3d 1269 (2013)

2013 PA Super 234

COMMONWEALTH of Pennsylvania v. Martin Roger BOYD, Jr., Appellant.

Superior Court of Pennsylvania.

Filed August 14, 2013.


Attorney(s) appearing for the Case

Tariq K. El-Shabazz , Philadelphia, for appellant.

Patrick Dougherty , Assistant District Attorney, Indiana, for Commonwealth, appellee.

BEFORE: STEVENS, P.J., BENDER, J., PANELLA, J., DONOHUE, J., ALLEN, J., MUNDY, J., OLSON, J., OTT, J., and WECHT, J.


OPINION BY PANELLA, J.

In this appeal, we are asked to address whether the requirement of issue preservation applies to claims that the sentencing court breached a duty in imposing a sentence that admittedly does not exceed the statutory maximum. Specifically, we must determine whether a claim that the sentencing court failed to consider the defendant's ability to pay before imposing fines, in contravention of 42 PA. CONS.STAT.ANN. § 9726(c), must be raised before...

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