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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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. :
:
PAUL DEPAOLI :
Appellant :
: No. 1720 EDA 2015
Appeal from the Judgment of Sentence February 19, 2015
In the Court of Common Pleas of Monroe County
Criminal Division No(s): CP-45-CR-0001772-2013
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
PAUL DEPAOLI :
Appellant :
: No. 1721 EDA 2015
Appeal from the Judgment of Sentence February 19, 2015
In the Court of Common Pleas of Monroe County
Criminal Division No(s): CP-45-CR-0001773-2013
BEFORE: BENDER, P.J.E., DUBOW, J., and STEVENS, P.J.E. *
JUDGMENT ORDER BY DUBOW, J.: FILED AUGUST 31, 2016
In this consolidated appeal, Appellant, Paul DePaoli, appeals from two
Judgments of Sentence entered on February 19, 2015, in the Court of
Common Pleas of Monroe County following his convictions of Rape of a Child1
*
Former Justice specially assigned to the Superior Court.
1
18 Pa.C.S. § 3121(c).
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and related offenses. After careful review, we remand and order the trial
court to file an amended Pa.R.A.P. 1925(a) Opinion within sixty (60) days.
On October 23, 2015, after a consolidated trial, a jury found Appellant
guilty of numerous sexually based offenses regarding two minor victims. On
February 19, 2015, after a hearing, the trial court found Appellant to be a
Sexually Violent Predator (“SVP”) and sentenced Appellant to an aggregate
term of 23¼ to 48 years’ incarceration.2
After the denial of his Post-Sentence Motion, Appellant filed a timely
Notice of Appeal on June 12, 2015. On July 6, 2015, Appellant filed a timely
Rule 1925(b) Statement, which raised eleven distinct issues spanning two
pages.
On September 4, 2015, the trial court filed a Rule 1925(a) Opinion
that only addressed the seven issues listed on the first page of Appellant’s
Rule 1925(b) Statement. The trial court failed to address any of the issues
listed on the second page of the Rule 1925(b) Statement, including:
h. Failing to instruct the jury in regards to the mens rea
and actus reus issues relating to the voluntariness of the
contract between Defendant and RD in the shower;
i. Finding [Appellant] to be a SVP;
2
The trial court sentenced Appellant to an aggregate term of 11½ to 24
years’ incarceration for the docket concerning victim M.K. and an aggregate
term of 11¾ to 24 years’ incarceration for the docket concerning victim R.D.
The trial court ordered the sentences to be served consecutively.
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j. Sentencing [Appellant] in excess of the “mandatory
minimum”, though the [trial court] correctly found that
such “mandatories” are Constitutionally infirm;
k. Finding that the jury’s verdict was against the weight of
the evidence[.]
Appellant’s Pa.R.A.P. 1925(b) Statement at 2.
Without a complete Rule 1925(a) Opinion, this Court is unable to
conduct meaningful appellate review and remand is the appropriate remedy.
See Commonwealth v. DeJesus, 868 A.2d 379, 383 (Pa. 2005) (case
remanded to the trial court for the issuance of an adequate opinion); see
also Pa.R.A.P. 1925. “[I]n any case where the trial court fails to prepare an
opinion that addresses the issues upon which it passed and which are raised
by a party on appeal, the net result is the same: the appellate court is
deprived of explication and guidance on those issues from the judicial entity
most familiar with the matter.” DeJesus, 868 A.2d at 383.
Based on the foregoing, we remand this matter to the trial court for
issuance of an amended Opinion in accordance with Pa.R.A.P. 1925(a). The
amended Rule 1925(a) Opinion shall address the four issues of trial court
error that Appellant raised in his Rule 1925(b) Statement and addressed in
his brief, specifically issues “h.” through “k.” See Appellant’s Pa.R.A.P.
1925(b) Statement at 2. The trial court is to file the amended Rule 1925(a)
Opinion within sixty (60) days of the date of this Judgment Order.
Case remanded with instructions. Jurisdiction retained.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/31/2016
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