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· 5/4/2009

Commonwealth v. Mears

Citations

  • 972 A.2d 1210
  • 2009 Pa. Super. 83
  • 2009 Pa. Super. LEXIS 99
  • 2009 WL 1176993

How courts have described this case

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

  • recognizing that a trial court has no lawful authority to impose parole conditions on a state sentence
  • vacating portion of sentencing order providing for random searches of the defendant’s residence upon parole
  • vacating in part judgment of sentence ordering random searches, where Parole Department had exclusive jurisdiction of the conditions of defendant’s parole
  • finding challenge to the trial court’s “statutory authority for the imposition of a condition of sentence, [] is a challenge to the legality of the sentence”
  • stating a defendant’s challenge to the trial court’s lack of “statutory authority for the imposition of a condition of sentence … is a challenge to the legality of the sentence.”
  • vacating portion of sentence imposing conditions upon appellant’s parole; affirming balance of sentence, which appellant did not challenge on appeal; and declining to remand for resentencing where this Court did not disturb appellant’s aggregate -7- J-S42024-25 sentence

Source: CourtListener parenthetical corpus (CC0).

Judges: Klein, Shogan, McEwen

Read full opinion on CourtListener

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.