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Commonwealth v. Berry

In case of juvenile who was tried as an adult, sentence affirmed; when juvenile court held a hearing on issue of transferring matter to criminal/adult court, it considered defendant's rehabilitative needs, so defendant failed to raise a substantial question by asserting that criminal court failed to consider again his rehabilitation needs at time of sentencing.

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� 1 The sentencing issue in this case is whether a juvenile who has been tried as an adult raises a substantial question by claiming that the trial court failed to consider the juvenile’s rehabilitative needs at sentencing. We hold that where the juvenile court held a hearing on the issue of transferring the matter to criminal/adult court, a substantial question is not raised by asserting that the criminal court failed to consider again the juvenile’s rehabilitation needs at time of sentencing. We affirm the judgment of sentence.

� 2 Appellant Ramone Berry was convicted by a jury of burglary, indecent assault, and indecent exposure. At the time of the crime appellant was fourteen years old. At the time of sentencing he was sixteen years old. On September 15, 2000 the court imposed a sentence of six to twelve years imprisonment.*fn1

� 3 An eighty-two-year old woman engaged appellant to shovel her walkway. He forced his way into her house, ordered her into the bathroom, pulled down his pants, exposed his erect penis, and demanded oral sex. After appellant’s arrest a certification hearing was held in juvenile court. Appellant was certified as an adult pursuant to 42 Pa.C.S.A. � 6355, and the matter was transferred to adult criminal court. Following trial, and before sentencing, his attorney unsuccessfully petitioned the court to remand the matter to juvenile court for sentencing alternatives pursuant to 42 Pa.C.S.A. � 6322, transfer from criminal proceedings. After sentencing, he filed a petition to modify sentence as explained in note 1, supra. This appeal followed.

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