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Commonwealth v. Johnson

SUPERIOR COURT OF PENNSYLVANIA
Sep 8, 2016
J-S31030-16 (Pa. Super. Ct. Sep. 8, 2016)

Opinion

J-S31030-16 No. 1546 MDA 2015

09-08-2016

COMMONWEALTH OF PENNSYLVANIA, Appellee, v. LORI JEAN JOHNSON Appellant


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence August 27, 2015, in the Court of Common Pleas of Adams County, Criminal Division, at No(s): CP-01-CR-0000178-2015 BEFORE: SHOGAN, OTT, and STRASSBURGER, JJ. DISSENTING MEMORANDUM BY STRASSBURGER, J.:

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

I believe the Majority and the trial court erred when overlooking Johnson's monthly rent payment. Accordingly, I respectfully dissent.

In determining Johnson was capable of affording the costs associated with admission into the accelerated rehabilitative program (ARD), the trial court found and the Majority accepted that "[w]ith the exception of the student loans, all of [Johnson's] expenses are discretionary." Trial Court Opinion, 10/6/2015, at 3. In finding as such, the trial court ignored the testimony provided by Johnson that she has, inter alia, a $700.00 monthly rent payment. See N.T., 6/22/2015, at 3.

Rent is not a discretionary expense. Once it is properly counted as non-discretionary, it seems Johnson would be unable to afford the payment plan as offered by the Adams County District Attorney's office. Therefore, I would vacate Johnson's judgment of sentence and reverse the order that denied her motion to compel admission to the ARD program and remit costs of program.


Summaries of

Commonwealth v. Johnson

SUPERIOR COURT OF PENNSYLVANIA
Sep 8, 2016
J-S31030-16 (Pa. Super. Ct. Sep. 8, 2016)
Case details for

Commonwealth v. Johnson

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA, Appellee, v. LORI JEAN JOHNSON Appellant

Court:SUPERIOR COURT OF PENNSYLVANIA

Date published: Sep 8, 2016

Citations

J-S31030-16 (Pa. Super. Ct. Sep. 8, 2016)