| Jan 15, 1987 | SENTENCE | A |
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IN THE COURT OF COMMON PLEAS OF THE 37th JUDICIAL DISTRICT
OF PENNSYLVANIA WARREN COUNTY BRANCH CRIMINAL
AND NOW, to-wit, this 16th day of January, 1987, Defendant is sentenced to pay the costs of prosecution on all charges. On the charge of reckless endangerment Defendant is sentenced in the aggravated range of the sentencing guidelines to stand committed to Western Diagnostic and Classification Center at Pittsburgh
for a
minimum period of 12 months to a maximum period of 24 months, and the deadly weapon enhancement period is imposed and as imposed Defendant shall stand committed for a
minimum period of 24 months to a maximum period of 48 months
and shall pay a fine of $500.00.
Defendant is further ordered to pay an amount of $15.00 under the Victims' Compensation Act and to make restitution to the victim.
Credit to be given on the within sentence from January 16, 1987, the date of commitment, and the Clerk of Courts is directed to calculate the days spent in custody by the Defendant for such offenses prior to the imposition of sentence.
The Defendant shall comply with any special conditions of probation or parole imposed by the supervision staff of the Board of Probation and Parole.
The pre-sentence report to the Court is made part of the record.
STAND COMMITTED.
_______________________(signed)
Robert L. Wolfe, P.J.
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| Jan 19, 1987 | MOTION FOR RECONSIDERATION | B |
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IN THE COURT OF COMMON PLEAS OF THE 37th JUDICIAL DISTRICT
OF PENNSYLVANIA WARREN COUNTY BRANCH CRIMINAL
TO THE HONORABLE JUDGE, ROBERT L. WOLFE:
The Petition of Gary D. Lauffenberger by his Attorney, Joseph A. Massa, Jr., Public Defender of Warren County respectfully presents that:
1. Gary D. Lauffenberger is the Defendant in the above captioned case. He was charged with the criminal offenses of Aggravated Assault and Reckless Endangerment.
2. Through plea negotiations, on December 18, 1986, the Defendant plead guilty to Reckless Endangerment, a Misdemeanor of the second degree.
3. The statutory maximum imprisonment for a misdemeanor of the second degree is two (2) years. (See
18 Pa. C.S. 1104 (2)).
4. On January 16, 1987, the Court imposed a sentence for the Reckless Endangerment charge of a minimum period of incarceration of twenty-four (24) months to a maximum period of forty-eight (48) months.
5. The above sentence exceeds the
______________________(signed)
Joseph A. Massa, Jr., Esquire
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| Jan 26, 1987 | DA'S MEMORANDUM | C |
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January 26, 1987 NNNNN
The Honorable Robert L. Wolfe RE: COM V GARY D. LAUFFENBERGER: Reconsideration of Sentence No. 240 of 1986 Dear Judge Wolfe: This memorandum is an addition to the Defendant's Motion For Reconsideration of Sentence which was submitted by the Office of the Public' Defender. In addition to the charge of Reckless Endangerment, the Defendant was also sentenced on January 16, 1987, on the charges of Possession of Marijuana with Intent to Deliver, a Felony, and Manufacture of Marijuana, also a Felony, at No. 267 of 1986. A charge of Aggravated Assault at No. 240 of 1986 was nolle prossed through plea negotiations. The Defendant was sentenced on January 16, 1987, on the above three charges. The Court properly applied the Deadly Weapons Enhancement pursuant to 303.4 of the Sentencing Guidelines to the Reckless Endangerment charge. There was question during the Sentencing Proceeding whether on a Reckless Endangerment charge, which is a Misdemeanor of the Second Degree, a Sentence exceeding the two-year statutory limit could be imposed because of the Deadly Weapons Enhancement.
By written Sentence entered on the 16th day of January, 1987, the Court sentenced the Defendant in the Aggravated Range of the Sentencing Guidelines to stand committed to Western Diagnostic and Classification Center at Pittsburgh for 12 to 24 months and then imposed a Deadly Weapons Enhancement thereby increasing the Defendant's sentence on Reckless Endangerment to 24 to 48 months.
The Commonwealth requests the Court to resentence Defendant to an effective period of 24 months minimum to 24 months maximum
in the standard guideline range
with the Deadly Weapon Enhancement applied
for the following reasons:
B. Even though the Defendant's
enhanced sentence
on the maximum range would be
48 months,
the sentence should be reduced to a maximum of 24 months. Section 303.1 (i), 204 Pa. Code, of the Guidelines states that:
JT/pwp
cc: Public Defender
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| Feb 17, 1987 | AMENDED SENTENCE | D |
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IN THE COURT OF COMMON PLEAS OF THE 37th JUDICIAL DISTRICT
OF PENNSYLVANIA WARREN COUNTY BRANCH CRIMINAL
NNNNN
AND NOW, to-wit, this 17th day of February, 1987,
after argument on the
Commonwealth's
motion for resentence of the Defendant
for the reason the sentence imposed of January 16, 1987, exceeds the maximum statutory sentence permissible in that Defendant was sentenced to total confinement for a minimum period of 24 months to a maximum period of 48 months and pay a fine of $500.00 on the charge of reckless endangerment applying the deadly weapon enhancement period,
it is THEREFORE ORDERED that the sentence of January 16, 1987, is partially amended and as amended on the charge of reckless endangerment Defendant shall stand committed to the Western Diagnostic and Classification Center at Pittsburgh
for a minimum period of twelve (12) months
in the standard range of the sentencing guidelines
to a maximum period of twenty-four (24) months
and applying the deadly weapons enhancement
the Defendant is sentenced in addition thereto
to stand committed to said
institution
for a minimum period of twelve (12) months to a maximum period of twenty-four (24) months,
or a total confinement on the charge of reckless endangerment of a minimum of 24 months to a maximum of 48 months,
but reduced to a
maximum
sentence of 24 months
pursuant to
§ 303.1(i)
, 204 Pa. Code of the Guidelines
and in keeping with
COMMONWEALTH vs. McKEITHAN
,
___ Pa. Super. ____ , 504 A.2d 294 (1986)
_______________________(signed)
Robert L. Wolfe, P.J.
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