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Commonwealth v. DeWeese

SUPERIOR COURT OF PENNSYLVANIA
Apr 28, 2020
J-A30009-19 (Pa. Super. Ct. Apr. 28, 2020)

Opinion

J-A30009-19 No. 1811 MDA 2018

04-28-2020

COMMONWEALTH OF PENNSYLVANIA, Appellant v. HOWARD WILLIAM DEWEESE


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered August 29, 2018
In the Court of Common Pleas of Dauphin County Criminal Division at No(s): CP-22-CR-0003531-2010 BEFORE: DUBOW, J., NICHOLS, J., and COLINS, J. DISSENTING MEMORANDUM BY COLINS, J.:

Retired Senior Judge assigned to the Superior Court. --------

I must respectfully dissent from the well-reasoned decision of the majority that Appellee must pay restitution to the Commonwealth, in the amount of $116,688.52, in addition to the forfeiture of pension emoluments totaling well over 3 million dollars. This amounts to de facto double restitution being received by the Commonwealth. I agree that, "to ignore the forfeiture of [Appellee's] pension and pretend that it does not make the Commonwealth whole would be to ignore reality." Appellee's Brief at 5. I believe the trial court properly exercised its discretion in entering the judgment of sentence. I would affirm the judgment of sentence.


Summaries of

Commonwealth v. DeWeese

SUPERIOR COURT OF PENNSYLVANIA
Apr 28, 2020
J-A30009-19 (Pa. Super. Ct. Apr. 28, 2020)
Case details for

Commonwealth v. DeWeese

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA, Appellant v. HOWARD WILLIAM DEWEESE

Court:SUPERIOR COURT OF PENNSYLVANIA

Date published: Apr 28, 2020

Citations

J-A30009-19 (Pa. Super. Ct. Apr. 28, 2020)