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Commonwealth v. Deaner

Denial of Petition for Modification of Sentence Due to Illness affirmed because, while petitioner alleged he was receiving inadequate medical care for his diabetic condition, he failed to allege that his current facility lacked the resources to treat him or that his illness compromised the collective health of the institution holding him.

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� 1 Appellant, Victor Nick Deaner, asks us to determine whether the trial court erred when it denied, without a hearing, his “Petition for Modification of Sentence Due to Illness.” We hold that the trial court properly denied Appellant’s petition where Appellant did not make a prima facie showing that his claim merited relief under 61 P.S. � 81. Accordingly, we affirm.

� 2 The relevant facts and procedural history of this appeal are as follows. Appellant is a diabetic with an extensive medical history. Aside from the physical infirmities generally associated with diabetes, Appellant has experienced frequent complications. Appellant has more difficulty regulating his blood sugar levels than most diabetics. The disease has caused a loss of feeling in his extremities and a constant burning sensation below his skin. Appellant’s diabetes has also rendered him impotent and is responsible for gangrene of his right foot. To combat the gangrene, Appellant has undergone numerous operations that require the progressive removal of more tissue and bone from his right foot and leg. Appellant has also been plagued by blood clots. In the past, these clots have required multiple groin surgeries. Appellant complains that he currently has a blood clot in his head that requires immediate attention. Finally, Appellant has a history of heart disease. He suffered two heart attacks in 1993 that required triple bypass surgery.

� 3 On May 10, 1995, Appellant pled guilty to aggravated assault *fn1 for the 1994 stabbing of his estranged wife. The remaining charges of attempted criminal homicide *fn2 and kidnapping *fn3 were nol prossed. On July 6, 1995, the trial court sentenced Appellant to 7 1/2 to 20 years’ incarceration. After spending approximately four years in jail, Appellant filed a petition to modify his sentence due to illness on April 7, 1999. After reviewing Appellant’s voluminous medical records, the trial court denied Appellant’s petition without a hearing. Appellant filed the instant appeal in due course.

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