Com. v. Jackson, W.

J-A10026-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WILLIAM JACKSON :
:
Appellant : No. 1910 EDA 2019
Appeal from the Judgment of Sentence Entered May 28, 2019
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0002468-2018
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WILLIAM JACKSON :
:
Appellant : No. 1913 EDA 2019
Appeal from the Judgment of Sentence Entered May 28, 2019
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0002469-2018
BEFORE: PANELLA, P.J., OLSON, J., and COLINS, J.*
JUDGMENT ORDER BY OLSON, J.: FILED JULY 27, 2021
Appellant, William Jackson, appeals from the judgment of sentence
entered on May 28, 2019. We affirm.
On February 25, 2019, Appellant entered an open guilty plea to rape of
a child, indecent assault, and two counts each of unlawful contact with a minor
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
J-A10026-21
and endangering the welfare of children.1 On May 28, 2019, the trial court
sentenced Appellant to serve an aggregate term of 17 to 44 years in prison
for his convictions. N.T. Sentencing, 5/28/19, at 29-30.
Appellant did not file a post-sentence motion. However, Appellant filed
timely notices of appeal. He now raises the following claim to this Court:
Was the [trial] court’s aggregate sentence of 17 to 44
[years’] imprisonment manifestly excessive in that the
sentencing court abused its discretion by failing to give
adequate weight to [Appellant’s] lack of prior record, history
of mental illness, and history of physical and sexual abuse as
a child?
Appellant’s Brief at 3.
Appellant’s discretionary aspects of sentencing claim is waived, as
Appellant did not raise his claim at sentencing or in a post-sentence motion.
See Pa.R.Crim.P. 720; Pa.R.A.P. 302(a) (“[i]ssues not raised in the lower
court are waived and cannot be raised for the first time on appeal”);
Commonwealth v. Cartrette, 83 A.3d 1030, 1042 (Pa. Super. 2013)
(“issues challenging the discretionary aspects of a sentence must be raised in
a post-sentence motion or by presenting the claim to the trial court during the
sentencing proceedings. Absent such efforts, an objection to a discretionary
aspect of a sentence is waived”).
Judgment of sentence affirmed. Jurisdiction relinquished.
____________________________________________
1 18 Pa.C.S.A. §§ 3121(c), 3126(a)(8), 6318(a)(1), and 4304(a),
respectively.
-2-
J-A10026-21
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/27/2021
-3-