J-S31030-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee, :
:
v. :
:
LORI JEAN JOHNSON :
:
Appellant : No. 1546 MDA 2015
Appeal from the Judgment of Sentence August 27, 2015,
in the Court of Common Pleas of Adams County,
Criminal Division, at No(s): CP-01-CR-0000178-2015
BEFORE: SHOGAN, OTT, and STRASSBURGER,* JJ.
DISSENTING MEMORANDUM BY STRASSBURGER, J.:FILED SEPTEMBER 08, 2016
I believe the Majority and the trial court erred when overlooking
Johnson’s monthly rent payment. Accordingly, I respectfully dissent.
In determining Johnson was capable of affording the costs associated
with admission into the accelerated rehabilitative program (ARD), the trial
court found and the Majority accepted that “[w]ith the exception of the
student loans, all of [Johnson’s] expenses are discretionary.” Trial Court
Opinion, 10/6/2015, at 3. In finding as such, the trial court ignored the
testimony provided by Johnson that she has, inter alia, a $700.00 monthly
rent payment. See N.T., 6/22/2015, at 3.
* Senior Judge assigned to the Superior Court.
J-S31030-16
Rent is not a discretionary expense. Once it is properly counted as
non-discretionary, it seems Johnson would be unable to afford the payment
plan as offered by the Adams County District Attorney’s office. Therefore, I
would vacate Johnson’s judgment of sentence and reverse the order that
denied her motion to compel admission to the ARD program and remit costs
of program.
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