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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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. :
:
:
ERICK FINNEGAN :
:
Appellant : No. 1064 EDA 2017
Appeal from the Judgment of Sentence February 28, 2017
In the Court of Common Pleas of Bucks County Criminal Division at
No(s): CP-09-CR-0001211-2013
BEFORE: GANTMAN, P.J., LAZARUS, J., and OTT, J.
JUDGMENT ORDER BY LAZARUS, J.: FILED FEBRUARY 16, 2018
Erick Finnegan appeals from the judgment of sentence, entered in the
Court of Common Pleas of Bucks County, following his guilty plea to retail theft
and abuse of a corpse.1 After review, we affirm.
Finnegan’s instant charges stem from the January 26, 2016 theft of a
$200.00 video game system from Kohl’s department store in Doylestown
Township, Pennsylvania, and his subsequent flight from investigating police
officers to his residence in Philadelphia. Additionally, Bensalem Township
Police arrested Finnegan in Bucks County on February 17, 2016 after an
investigation revealed that he had transported the body of a deceased 25-
year-old overdose victim from his apartment at 734 West Russell Street in
Philadelphia to the 200 block of Mill Road in Bensalem Township. Finnegan
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1 18 Pa.C.S.A. § 3929 and 18 Pa.C.S.A. § 5510, respectively.
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disposed of the victim’s body in thorny roadside foliage after he discovered
the deceased victim’s body in his apartment.
On October 19, 2016, Finnegan pleaded guilty to theft and abuse of
corpse. The trial court sentenced Finnegan to an aggregate sentence of one
to two years’ imprisonment consecutive to the sentence imposed on his
underlying violation of probation (“VOP”). On November 15, 2016, Finnegan
filed a post-sentence motion through his new court-appointed counsel seeking
a reconsideration of the above sentences and a withdrawal of his guilty plea.
Following a hearing, the trial court denied Finnegan’s motion by court order
dated April 11, 2017. Finnegan filed a timely notice of appeal. Both Finnegan
and the trial court have complied with Pa.R.A.P. 1925. On appeal, Finnegan
raises the following issue: “Did the lower court err in imposing a sentence of
not less than one nor more than two years’ incarceration consecutive to the
sentence imposed on [Finnegan]’s violating cases.” Brief of Appellant, at 4.
Instantly, Finnegan challenges the discretionary aspects of his sentence.
Specifically, Finnegan avers that the trial court “failed to seriously consider
[his] rehabilitative needs and troubled background.” Id. at 9. Rule 1925 sets
out a simple bright-line rule, which obligates an appellant to file and serve a
statement, when so ordered; any issues not raised in a statement will be
deemed waived. Pa.R.A.P. 1925(b) (“Issues not included in the [Rule
1925(b)] Statement . . . are waived”). See Commonwealth v. Hill, 16 A.3d
484, 494 (Pa. Super. 2011); Commonwealth v. Commonwealth v. Rolan,
964 A.2d 398, 409 (Pa. Super. 2008) (where trial court orders appellant to
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file concise statement of matters complained of on appeal, any issue not
contained in that statement is waived on appeal).
In Finnegan’s Rule 1925(b) statement, he claims, “the trial court
improperly weighed the mitigating evidence presented by [Finnegan] and the
factors presented and argued by the Commonwealth.” Pa.R.A.P. 1925(b)
Statement, 4/27/2017. However, Finnegan does not raise an excessiveness
of sentence claim in his Rule 1925(b) statement. Accordingly, Finnegan has
waived his lone argument challenging the discretionary aspects of his
sentence.2 Hill, supra; Rolan, supra.
Judgment of sentence affirmed.
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2 Even if we were to address the substance of Finnegan’s claim, his challenge
to the discretionary aspects of his sentence is meritless. Such challenges do
not entitle an appellant to review as of right. Commonwealth v. Allen, 24
A.3d 1058, 1064 (Pa. Super. 2011). Rather, an appellant must raise a
“substantial question that the sentence appealed from is not appropriate
under the Sentencing Code” and comply with Pa.R.A.P. 2119(f). Id. In his
2119(f) statement, Finnegan baldly asserts that the “Pennsylvania sentencing
scheme, as a whole, has been substantially compromised.” Brief of Appellant,
at 8. Finnegan’s allegation does not raise a substantial question, and thus,
his claim is meritless. Furthermore, in his brief, Finnegan avers the trial court
did not consider his rehabilitative needs. However, the record reflects that
the trial court took into consideration Finnegan’s family, his enrollment in
cosmetology school, his bipolar disorder, and his substance abuse issues. N.T.
Probation Hearing, 2/28/17, at 19, 22, 25. See Commonwealth v. Carrillo-
Diaz, 64 A3d 722 (Pa. Super. 2013) (revocation court conducted appropriate
pre-sentence inquiry and was provided with sufficient information to
substitute for pre-sentence investigation report (“PSI”), and acted within its
discretion in imposing sentence upon revocation without ordering PSI).
Accordingly, we find no abuse of discretion by the trial court.
Commonwealth v. Hoch, 936 A.2d 515, 517-18 (Pa. Super. 2007).
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/16/18
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