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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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