Opinion
J-S24017-17 No. 959 WDA 2016
06-08-2017
COMMONWEALTH OF PENNSYLVANIA Appellee v. CHRISTOPHER DICKINSON Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence Entered February 29, 2016
In the Court of Common Pleas of Allegheny County
Criminal Division at Nos: CP-02-CR-0008066-2015, CP-02-CR-0010547-2015 BEFORE: PANELLA, STABILE, JJ., and STEVENS, P.J.E. JUDGMENT ORDER BY STABILE, J.:
Former Justice specially assigned to the Superior Court.
Appellant, Christopher Dickinson, appeals from the February 29, 2016 judgment of sentence imposing an aggregate 36 to 72 months of incarceration followed by three years of probation. We vacate and remand for a new sentencing hearing.
On December 14, 2015, Appellant pled guilty to two counts of robbery and one count each of simple assault, recklessly endangering another person, resisting arrest, and flight to avoid apprehension. At the February 29, 2016 sentencing hearing, the trial court neglected to determine whether Appellant was eligible for a Recidivism Risk Reduction Incentive ("RRRI") sentence. Statutory law requires the trial court to make that determination. 42 Pa.C.S.A. § 9756(b.1); 61 Pa.C.S.A. § 4505(a). "[W]here the trial court fails to make a statutorily required determination regarding a defendant's eligibility for an RRRI minimum sentence as required, the sentence is illegal." Commonwealth v. Robinson , 7 A.3d 868, 870 (Pa. Super. 2014). The Commonwealth concedes this point. Commonwealth's Brief at 6. We therefore vacate the judgment of sentence and remand for a new sentencing hearing.
18 Pa.C.S.A. §§ 3701, 2701, 2705, 5104, and 5126, respectively.
The trial court did not address this issue because Appellant raises it for the first time on appeal. We will not deem the issue waived, because it implicates the legality of Appellant's sentence. Commonwealth v. Tobin , 89 A.3d 663, 669-70 (Pa. Super. 2014). --------
Judgment of sentence vacated. Case remanded. Jurisdiction relinquished. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 6/8/2017