· 11/3/2006
Commonwealth v. Oree
Citations
- 911 A.2d 169
- 2006 Pa. Super. 310
- 2006 Pa. Super. LEXIS 3558
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that when the trial court’s authority to impose restitution is challenged, it is a challenge to the legality of the sentence imposed
- explaining that challenges to the discretionary aspects of sentencing must be raised in a post-sentence motion or during sentencing proceedings, and that absent such efforts, such claims are waived.
- explaining challenges to discretionary aspects of sentencing must be raised in post-sentence motion or during sentencing proceedings; absent such efforts, claim is waived; inclusion of discretionary aspects of sentencing claim in Pa.R.A.P. 1925(b) statement will not cure waiver
- when court’s authority to impose restitution is challenged, it concerns legality of sentence; when challenge is based on excessiveness, it concerns discretionary aspects of sentence
- courts utilize a \but for\ test in calculating damages which occurred as a direct result of the crime
- “When the court’s authority to impose restitution is challenged, it concerns the legality of the sentence; however, when the challenge is based on excessiveness, it concerns the discretionary aspects of the sentence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Stevens, Melvin, Popovich
Read full opinion on CourtListenerSourced 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.