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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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