J-S40011-14
NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
JOHN ALEXANDER TARGONSKI
Appellant No. 1758 MDA 2013
Appeal from the Judgment of Sentence August 27, 2013
In the Court of Common Pleas of Centre County
Criminal Division at No(s): CP-14-CR-0001453-2012
BEFORE: BENDER, P.J.E., BOWES, J., AND PANELLA, J.
CONCURRING AND DISSENTING MEMORANDUM BY BOWES, J.:
FILED SEPTEMBER 26, 2014
While I agree with the majority that the evidence was insufficient to
sustain the conviction of trespass, I believe that the appropriate procedural
action is for this panel to remand for a new sentencing hearing. As noted by
the majority, the trial court imposed a sentence of imprisonment as to the
criminal trespass and a probationary term on simple assault, which was
graded as a second degree misdemeanor authorizing a sentence of up to two
years imprisonment. 18 Pa.C.S. § 1104(2). When this Court vacates a
conviction and our action disturbs the overall sentencing scheme, we vacate
the entire judgment of sentence and remand for a new sentencing hearing.
Commonwealth v. Williams, 550 A.2d 579, 582-83 (Pa.Super. 1988); see
J-S40011-14
also Commonwealth v. Adams, 760 A.2d 33, 39 (Pa.Super. 2000)
(sentencing enhancement was inapplicable to crime; case remanded for
resentencing). Accordingly, I believe that it is improper for us to vacate the
sentence imposed upon the trespass offense and affirm the one imposed as
to simple assault. I would remand for a new sentencing hearing on the
simple assault conviction. Hence, I dissent.
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