Commonwealth v. Dalberto

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant who pleads guilty without agreement as to sentence retains right to petition for allowance of appeal with respect to discretionary aspects of sentencing
• recognizing that “where there have been no sentencing restrictions in a plea agreement, the entry of a guilty plea will not preclude a challenge to the discretionary aspects of sentencing”
• holding that an appellant has no authority to challenge the discretionary aspects of an imposed sentence when a plea agreement includes a negotiated sentence accepted and imposed by the sentencing court
• holding that a defendant who enters an open plea which does not involve an agreement as to sentence to be imposed, can raise a discretionary challenge to the trial court’s sentence
• holding that a defendant who has pled guilty may challenge the discretionary aspects of his sentence as long as the defendant did not agree to a negotiated sentence as part of a plea agreement
• explaining that, where there have been no sentencing restrictions in the plea agreement, the entry of a guilty plea will not preclude a challenge to the discretionary aspects of sentencing

Source: CourtListener parenthetical corpus (CC0).