Opinion
J-S47005-18 No. 1169 WDA 2017
11-14-2018
COMMONWEALTH OF PENNSYLVANIA v. COREY N. LYKENS Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence July 10, 2017
In the Court of Common Pleas of Blair County Criminal Division at No(s): CP-07-CR-0000720-2017 BEFORE: OLSON, J., McLAUGHLIN, J., and STRASSBURGER, J. CONCURRING MEMORANDUM BY McLAUGHLIN, J.:
Retired Senior Judge assigned to the Superior Court. --------
I agree with my learned colleagues that Corey N. Lykens' appeal is wholly frivolous, and that we must affirm the judgment of sentence and grant counsel's petition to withdraw. I write separately to note that Lykens entered a negotiated guilty plea in which he agreed to plead guilty in exchange for a sentence of three to ten years' incarceration. N.T., 7/10/17, at 1-2, 4. He therefore cannot challenge the discretionary aspects of his sentence. Commonwealth v. Heaster , 171 A.3d 268, 271 (Pa.Super. 2017); Commonwealth v. Reichle , 589 A.2d 1140, 1141 (Pa.Super. 1991).
Judge Olson joins the concurring memorandum.
Judge Strassburger joins the concurring memorandum.