2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9781 - Appellate review of sentence.


                               SUBCHAPTER G
                       APPELLATE REVIEW OF SENTENCE

     Sec.
     9781.  Appellate review of sentence.

        Prior Provisions.  Former Subchapter G of Title 18 (Crimes
     and Offenses), which related to Pennsylvania Commission on
     Sentencing, was added November 26, 1978, P.L.1316, No.319, and
     repealed October 5, 1980, P.L.693, No.142, effective in 60 days,
     except for section 1386 of Title 18 which was renumbered and
     transferred to section 9781 of Title 42. The subject matter of
     the repealed provisions is now contained in Subchapter F of
     Chapter 21.
     § 9781.  Appellate review of sentence.
        (a)  Right to appeal.--The defendant or the Commonwealth may
     appeal as of right the legality of the sentence.
        (b)  Allowance of appeal.--The defendant or the Commonwealth
     may file a petition for allowance of appeal of the discretionary
     aspects of a sentence for a felony or a misdemeanor to the
     appellate court that has initial jurisdiction for such appeals.
     Allowance of appeal may be granted at the discretion of the
     appellate court where it appears that there is a substantial
     question that the sentence imposed is not appropriate under this
     chapter.
        (c)  Determination on appeal.--The appellate court shall
     vacate the sentence and remand the case to the sentencing court
     with instructions if it finds:
            (1)  the sentencing court purported to sentence within
        the sentencing guidelines but applied the guidelines
        erroneously;
            (2)  the sentencing court sentenced within the sentencing
        guidelines but the case involves circumstances where the
        application of the guidelines would be clearly unreasonable;
        or
            (3)  the sentencing court sentenced outside the
        sentencing guidelines and the sentence is unreasonable.
     In all other cases the appellate court shall affirm the sentence
     imposed by the sentencing court.
        (d)  Review of record.--In reviewing the record the appellate
     court shall have regard for:
            (1)  The nature and circumstances of the offense and the
        history and characteristics of the defendant.
            (2)  The opportunity of the sentencing court to observe
        the defendant, including any presentence investigation.
            (3)  The findings upon which the sentence was based.
            (4)  The guidelines promulgated by the commission.
        (e)  Right to bail not enlarged.--Nothing in this chapter
     shall be construed to enlarge the defendant's right to bail
     pending appeal.
        (f)  Limitation on additional appellate review.--No appeal of
     the discretionary aspects of the sentence shall be permitted
     beyond the appellate court that has initial jurisdiction for
     such appeals.
        (g)  Implementing rules of court.--(Repealed).
     (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

        1980 Repeal.  Act 142 repealed subsec. (g).
        Effective Date.  Section 218(b) of Act 142 of 1980 provided
     that the provisions of 18 Pa.C.S. § 1386 (redesignated by Act
     142 as 42 Pa.C.S. § 9781) shall take effect upon the effective
     date of initial sentencing guidelines pursuant to 42 Pa.C.S. §
     2155(c). The initial sentencing guidelines, as revised, were
     adopted January 5, 1982, and became effective July 22, 1982.
        Cross References.  Section 9781 is referred to in section 724
     of this title.

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