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· 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 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.