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Commonwealth v. Jones

Citations

  • 640 A.2d 914
  • 433 Pa. Super. 266
  • 1994 Pa. Super. LEXIS 1036

How courts have described this case

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

  • recognizing that when a sentence is vacated and the case is remanded to the sentencing court for resentencing, the sentencing judge should start afresh
  • noting that a trial court must balance these factors in arriving at a proper sentence
  • holding that the application of the deadly weapons' enhancement is mandatory to the extent of establishing a correct point of departure for sentencing, but upon appellate review is treated as a substantial question regarding the discretionary aspects of sentencing
  • noting that a trial court must balance these factors in arriving at a proper sentence
  • explaining that the deadly weapon enhancement provides the starting point from which to calculate a sentence and its misapplication requires us to vacate the sentence and remand for resen-tencing
  • “When a sentence is vacated and the case is remanded . . . for resentencing, the sentencing judge should start afresh.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rowley, McEwen, Kelly

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.