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Commonwealth v. Edrington

Judgment of sentence affirmed; regarding Commonwealth's appeal, the lower court did not abuse its discretion by failing to sentence defendant to a mandatory sentence under 42 Pa.C.S.A.s 9714 on his third conviction of violent crimes because the U.S. Supreme Court has held the statute to be unconstitutional; defendant's appeal dismissed as untimely.

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J.S22032/01

� 1 The Commonwealth asks us to determine whether the trial court erroneously failed to sentence Cross-Appellant, Thomas Lee Edrington, to the mandatory minimum sentence of twenty-five years pursuant to 42 Pa.C.S.A � 9714, following his guilty plea to his third violent offense. We hold that the Commonwealth’s issue challenging the legality of Edrington’s sentence is cognizable on appeal, despite the Commonwealth’s failure to file the ordered Rule 1925(b) Concise Statement of Matters Complained of on Appeal. We further hold that the trial court properly declined to sentence Edrington under Section 9714, because our Supreme Court has recently deemed that Section to be unconstitutional.

� 2 Edrington’s cross-appeal in this case asks us to determine whether the trial court erred when it sentenced him to ten to twenty years’ incarceration on his aggravated assault charge without reference to the sentencing guidelines. We hold that we lack jurisdiction to grant or deny allowance of appeal as to the discretionary aspects of his sentence, because Edrington failed to file a timely notice of appeal. Therefore, we affirm the judgment of sentence.

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