Com. v. Lewis, M.

J-S44001-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
MICHAEL JOHN LEWIS,
Appellant No. 487 WDA 2012
Appeal from the Judgment of Sentence Entered February 16, 2012
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0001214-2011
BEFORE: BENDER, P.J.E., LAZARUS, J., and OTT, J.
MEMORANDUM BY BENDER, P.J.E.: FILED AUGUST 08, 2014
Appellant, Michael Lewis, appeals from the judgment of sentence of
one to two years’ imprisonment, imposed following the revocation of a term
of probation. Appellant contends that the sentence imposed is illegal, as the
trial court imposed the sentence for an offense where no term of probation
had previously been imposed. For the reasons that follow, we vacate the
judgment of sentence and remand for further proceedings.
On May 19, 2011, Appellant pled guilty to several offenses, inter alia,
criminal trespass and criminal attempt. He was sentenced the same day.
Pursuant to the sentencing court’s written order, Appellant was sentenced to
a term of 127 days’ incarceration, with 127 days’ credit for time served, for
the offense of criminal trespass (which was listed as Count 1 in the criminal
information filed by the Commonwealth). In addition, Appellant was
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sentenced to a term of 2 years’ probation for the offense of criminal attempt,
which was listed as Count 2 in the criminal information filed by the
Commonwealth. Appellant was sentenced to no further penalty for the other
offenses to which he pled guilty.
Appellant’s probation was revoked following a hearing on February 16,
2012. The revocation court then sentenced Appellant to a term of 1 – 2
years’ incarceration for the offense of criminal trespass. He filed a timely
notice of appeal, as well as a timely concise statement of errors complained
of on appeal pursuant to Pa.R.A.P. 1925(b).
Appellant now presents the following question for our review:
1. Whether the revocation sentence imposed on Mr. Lewis is
illegal?
Appellant’s brief at 7.
We agree that the sentence imposed on February 16, 2012 is illegal.
The May 19, 2011 sentencing order does not impose a term of probation for
the offense of criminal trespass; accordingly, the court could not thereafter
impose a sentence for that offense following revocation of probation.
Notwithstanding this, the February 16, 2012 sentencing order imposes a
sentence for that offense. “The only sentence known to the law is the
sentence or judgment entered upon the records of the court…. To determine
this intention the reviewing court limits itself to the language of the written
judgment.” Commonwealth v. Kennedy, 868 A.2d 582, 591 – 592 (Pa.
Super. 2005) (internal citations omitted). Moreover, “If no statutory
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authorization exists for a particular sentence, that sentence is illegal…. An
illegal sentence must be vacated.” Commonwealth v. Mears, 972 A.2d
1210, 1211 (Pa. Super. 2009) (internal citations omitted). Accordingly, we
conclude Appellant’s sentence is illegal, and we must remand for the limited
purpose of resentencing Appellant.1
Judgment of sentence vacated. Case remanded for further
proceedings consistent with this opinion. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/8/2014
____________________________________________
1
We note that the Commonwealth concedes the illegality of the sentence
imposed. Commonwealth’s brief at 10 - 11.
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