Com. v. Frisbie, M. ( 2016 )

J-S39010-16
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
MILTON RAY FRISBIE, :
:
Appellant : No. 1389 MDA 2015
Appeal from the Judgment of Sentence entered July 2, 2015
In the Court of Common Pleas of Bradford County
Criminal Division at No: CP-08-CR-0000864-2014
BEFORE: STABILE, PLATT,* and STRASSBURGER,* JJ.
CONCURRING STATEMENT BY STRASSBURGER, J.: FILED JULY 25, 2016
Section 9754 of the Sentencing Code requires that conditions of
probation be reasonable. See 42 Pa.C.S. § 9754(b) (“The court shall attach
such of the reasonable conditions authorized by subsection (c) of this section
as it deems necessary to insure or assist the defendant in leading a law-
abiding life.”); id. § 9754(c)(13) (“The court may as a condition of its order
require the defendant[ t]o satisfy any other conditions reasonably related to
the rehabilitation of the defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.”). Had this Court been writing
on a clean slate herein, I would find that the lower court’s condition
forbidding Appellant to have any contact, as opposed to unsupervised
contact, with any person under the age of eighteen during the term of his
probation to be unreasonable. Nevertheless, in light of Commonwealth v.
*Retired Senior Judge assigned to the Superior Court.
J-S39010-16
Reggie, 399 A.2d 1125, 1126 (Pa. Super. 1979), wherein this Court found a
condition of probation requiring a defendant “to keep away from juveniles
and young adults” to be reasonable, I respectfully concur.
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