J -A30009-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
HOWARD WILLIAM DEWEESE : No. 1811 MDA 2018
Appeal from the Judgment of Sentence Entered August 29, 2018
In the Court of Common Pleas of Dauphin County Criminal Division at
No(s): CP-22-CR-0003531-2010
BEFORE: DUBOW, J., NICHOLS, J., and COLINS, J.*
DISSENTING MEMORANDUM BY COLINS, J.: FILED APRIL 28, 2020
I must respectfully dissent from the well -reasoned decision of the
majority that Appellee must pay restitution to the Commonwealth, in the
amount of $116,688.52, in addition to the forfeiture of pension emoluments
totaling well over 3 million dollars. This amounts to de facto double restitution
being received by the Commonwealth. I agree that, "to ignore the forfeiture
of [Appellee's] pension and pretend that it does not make the Commonwealth
whole would be to ignore reality." Appellee's Brief at 5. I believe the trial
court properly exercised its discretion in entering the judgment of sentence.
I would affirm the judgment of sentence.
* Retired Senior Judge assigned to the Superior Court.