Commonwealth v. Knox

53 Citing cases

  1. Commonwealth v. Lehman

    379 WDA 2021 (Pa. Super. Ct. Jan. 5, 2023)

    Where the sentencing court has the benefit of a PSI, however, we presume that the court was aware of relevant information regarding the defendant's character and weighed those considerations in light of the statutory factors. Id.; Commonwealth v. Knox, 165 A.3d 925, 930 (Pa. Super. 2017).

  2. Commonwealth v. Watson

    2024 Pa. Super. 15 (Pa. Super. Ct. 2024)   Cited 2 times

    In so doing, we reiterate while the trial court retains discretion to address ineffectiveness claims on post-sentence motions, "the presumption weighs heavily in favor of deferring such claims to collateral review." Commonwealth v. Knox, 165 A.3d 925, 928 (Pa. Super. 2017).

  3. Commonwealth v. Smith

    878 EDA 2022 (Pa. Super. Ct. Mar. 28, 2023)

    Moreover, when the sentencing court has the benefit of a PSI, we presume that the court was aware of relevant information regarding the defendant's character and weighed those considerations along with the statutory factors. Id.; Commonwealth v. Knox, 165 A.3d 925, 930 (Pa. Super. 2017).

  4. Commonwealth v. Morgan

    185 WDA 2022 (Pa. Super. Ct. Dec. 21, 2022)

    Commonwealth v. Knox, 165 A.3d 925, 930 (Pa. Super. 2017); Commonwealth v. Fowler, 893 A.2d 758, 767 (Pa. Super. 2006). As this Court has explained:

  5. Commonwealth v. Clark

    971 WDA 2021 (Pa. Super. Ct. Jun. 3, 2022)

    We find no merit in Appellant's discretionary sentencing claim. First, we note that the trial court was in possession of, and indicated its review of, the PSI. N.T., 8/22/18, at 3-4, 9. Where the court has the benefit of a PSI, we "presume that the sentencing judge was aware of relevant information regarding the defendant's character and weighed those considerations along with mitigating statutory factors." Commonwealth v. Knox, 165 A.3d 925, 930 (Pa. Super. 2017) (citation omitted). "A [PSI] constitutes the record and speaks for itself."

  6. Commonwealth v. Turner

    2027 EDA 2020 (Pa. Super. Ct. Aug. 6, 2021)

    At sentencing, the trial court had the benefit of a pre-sentence investigative report ("PSI") as well as a sentencing memorandum submitted by Appellant. N.T., 6/22/20, at 4, 7. Where the sentencing court has reviewed a PSI, we presume that the court was aware of information related to the defendant's character and properly weighed any mitigating factors. Commonwealth v. Knox, 165 A.3d 925, 930-31 (Pa. Super. 2017). Therefore, while the trial court indicated its awareness of Appellant's young age at the time of commission of the offenses and his potential for rehabilitation, N.T., 6/22/20, at 11-12, the court was not required to discuss each of the mitigating factors identified in the PSI or Appellant's sentencing memorandum when imposing the sentence.

  7. Commonwealth v. Turner

    2027 EDA 2020 (Pa. Cmmw. Ct. Aug. 6, 2021)

    At sentencing, the trial court had the benefit of a pre-sentence investigative report ("PSI") as well as a sentencing memorandum submitted by Appellant. N.T., 6/22/20, at 4, 7. Where the sentencing court has reviewed a PSI, we presume that the court was aware of information related to the defendant's character and properly weighed any mitigating factors. Commonwealth v. Knox, 165 A.3d 925, 930-31 (Pa. Super. 2017). Therefore, while the trial court indicated its awareness of Appellant's young age at the time of commission of the offenses and his potential for rehabilitation, N.T., 6/22/20, at 11-12, the court was not required to discuss each of the mitigating factors identified in the PSI or Appellant's sentencing memorandum when imposing the sentence.

  8. Commonwealth v. Fowler

    1391 EDA 2023 (Pa. Super. Ct. Nov. 12, 2024)

    Further, his claims present a substantial question. See Commonwealth v. Macias, 968 A.2d 773, 776 (Pa. Super. 2009) ("[A]n averment that the court sentenced based solely on the seriousness of the offense and failed to consider all relevant factors raises a substantial question" (internal citations omitted)); see also Commonwealth v. Knox, 165 A.3d 925, 929-30 (Pa. Super. 2017) (same). Likewise, "[t]he failure to set forth adequate reasons for the sentence imposed has been held to raise a substantial question."

  9. Commonwealth v. Smith

    2119 EDA 2023 (Pa. Super. Ct. Aug. 27, 2024)

    Further, he presents a substantial question. See Commonwealth v. Knox, 165 A.3d 925, 929-30 (Pa. Super. 2017) ("A claim that the trial court focused exclusively on the seriousness of the crime while ignoring other, mitigating circumstances … raises a substantial question."); see also Commonwealth v. Ahmad, 961 A.2d 884, 887 (Pa. Super. 2008) (a claim that the sentencing court failed to consider the defendant's individualized circumstances raises a substantial question); Commonwealth v. Caldwell, 117 A.3d 763, 770 (Pa. Super. 2015) (en banc) (stating a properly developed claim of "an excessive sentence []-in conjunction with an assertion that the [trial] court failed to consider mitigating factors-raises a substantial question.")

  10. Commonwealth v. Patton

    1166 MDA 2023 (Pa. Super. Ct. May. 31, 2024)

    Generally, "claims of ineffective assistance of counsel are to be deferred to PCRA review; trial courts should not entertain claims of ineffectiveness upon post-verdict motions; and such claims should not be reviewed upon direct appeal." Commonwealth v. Watson, 310 A.3d 307, 310 (Pa. Super. 2024) (quoting Holmes, 79 A.3d at 576). "[W]hile the trial court retains discretion to address ineffectiveness claims on post-sentence motions, 'the presumption weighs heavily in favor of deferring such claims to collateral review.'" Id. at 311 (quoting Commonwealth v. Knox, 165 A.3d 925, 928 (Pa. Super. 2017)). The Watson Court cogently summarized the exceptions to this general rule: