Opinion
1582 EDA 2022 J-S26015-23
01-16-2024
COMMONWEALTH OF PENNSYLVANIA v. WESLEY LANIER Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
Appeal from the Judgment of Sentence Entered May 10, 2022 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0006630-2013
BEFORE: STABILE, J., KUNSELMAN, J., and McLAUGHLIN, J.
JUDGMENT ORDER
STABILE, J.
Appellant, Wesley Lanier, appealed the judgment of sentence entered by the Court of Common Pleas of Philadelphia County (trial court), imposing a prison term of three to six years, followed by two years of probation, for violating his probationary conditions. Appellant argued that the sentence was illegal because it exceeded the statutory maximum term.
The Commonwealth conceded in its appellate brief that the sentence was illegal, acknowledging that Appellant had not received full credit for time served in this case (1,708 days). However, the Commonwealth's concession as to credit time was based on evidence that did not appear in the record. This Court remanded the case back to the trial court for further proceedings so that the record could be perfected.
Pursuant to that mandate, the trial court entered an order on November 21, 2023, advising that Appellant would be awarded the additional credit time at issue. According to the order, both Appellant and the Commonwealth agreed that the award of credit time resolved all issues Appellant had raised in his appeal. Thus, the appeal is moot and must be dismissed.
Appeal dismissed.