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Weaver v. State

Dismissal of appeal affirmed with regard to part of sentence requiring defendant to undergo psychological evaluation because cost of such an examination did not constitute a "fine" since it was neither punitive in nature nor payable to the State; dismissal of appeal based on length of imprisonment imposed reversed because, even if suspended for probation, a sentence of imprisonment at Level V for more than 30 days is appealable.

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Submitted: June 20, 2001

Upon appeal from the Superior Court. AFFIRMED in part, REVERSED in part, and REMANDED.

The issue in this case is whether the defendant has a right to appeal his sentences imposed by the Court of Common Pleas based upon either the amount of the fine assessed or the length of imprisonment imposed. The Superior Court concluded that the cost of a psychological evaluation did not constitute a “fine” in order to satisfy the jurisdictional threshold for taking an appeal from a sentence of a fine. The Superior Court also concluded that the defendant’s level V sentences, which were suspended entirely for probation at a lesser level, were not sentences of “imprisonment” and, therefore, did not meet the jurisdictional threshold for taking an appeal from a sentence of imprisonment. While we agree that the defendant was not assessed a “fine” in excess of the appellate threshold, we hold that a sentence of imprisonment at Level V for more than thirty days, even if suspended for probation, is appealable. Accordingly, the judgment of the Superior Court is AFFIRMED in part and REVERSED in part.

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