Com. v. Collier, A. ( 2016 )

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NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
v. :
:
ANTHONY COLLIER, : No. 2093 WDA 2014
:
Appellant :
Appeal from the Judgment of Sentence, November 20, 2014,
in the Court of Common Pleas of Allegheny County
Criminal Division at No. CP-02-CR-0013135-2013
BEFORE: FORD ELLIOTT, P.J.E., SHOGAN AND OTT, JJ.
JUDGMENT ORDER BY FORD ELLIOTT, P.J.E.: FILED FEBRUARY 19, 2016
Anthony Collier appeals from the judgment of sentence of
November 20, 2014, following revocation of his probation. We affirm.
The trial court has set forth the relevant procedural history of this
matter as follows:
[Appellant] was charged with
Stalking[Footnote 1] and Scattering Rubbish Upon
Land[Footnote 2] in relation to an incident with his
ex-girlfriend, Chelsea Lipscome, who had an active
PFA against him. He appeared before this Court on
[February] 10, 2014 and, pursuant to a plea
agreement with the Commonwealth whereby the
Stalking charge was reduced to a first-degree
misdemeanor, pled guilty to all charges. He was
immediately sentenced to a term of probation of
two (2) years and a no-contact order was imposed.
No Post-Sentence Motions were filed and no direct
appeal was taken.
[Footnote 1] 18 Pa.C.S.A. § 2709.1(a)(1)
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[Footnote 2] 18 Pa.C.S.A. § 6501(a)(1)
[Appellant] next appeared before this Court on
November 20, 2014 for a probation violation hearing.
Upon finding that [appellant] had been convicted of
the additional charges of Stalking and Harassment at
CC 201407600 for another incident with the same
victim, that he had tested positive for marijuana and
failed to pay restitution to the victim, this Court
revoked [appellant]’s probation and imposed a term
of imprisonment of two (2) to four (4) years. A
timely Motion to Reconsider Sentence was filed and
was denied on December 3, 2014. This appeal
followed.
Trial court opinion, 4/28/15 at 1-2.
Appellant has raised the following issue for this court’s review:
I. In revoking [appellant]’s probation and
re-sentencing him to a sentence of total
confinement of 2-4 years[’] state incarceration,
whether the trial court abused its sentencing
discretion when the requirements of
42 Pa.C.S.A. § 9721 (Sentencing Generally)
were not met?
Appellant’s brief at 4.
The record indicates that on the very day appellant was released from
county jail, he contacted the victim. In addition, appellant admitted to
smoking marijuana while incarcerated and failed to pay restitution. (Notes
of testimony, 11/20/14 at 2-3.)
The sentence imposed following the revocation of probation “‘is vested
within the sound discretion of the trial court, which, absent an abuse of that
discretion, will not be disturbed on appeal.’” Commonwealth v.
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Coolbaugh, 770 A.2d 788, 792 (Pa.Super. 2001), quoting Commonwealth
v. Sierra, 752 A.2d 910, 913 (Pa.Super. 2000) (other citations omitted). In
imposing a state sentence, the trial court found that appellant’s conduct,
including the new charges and using drugs while in the Allegheny County
Jail, indicated he was not amenable to rehabilitation and was not a candidate
for county supervision. (Notes of testimony, 11/20/14 at 7-8.) See
42 Pa.C.S.A. § 9771(c) (sentence of total confinement may be imposed if,
inter alia, the defendant has been convicted of another crime or his conduct
indicates that it is likely that he will commit another crime if he is not
imprisoned). We find the trial court did not abuse its discretion in revoking
appellant’s probation and imposing a sentence of 2-4 years’ incarceration.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/19/2016
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