The trial court erred in relying on defendant's silence at sentencing to find that he refused to take responsibility for his crimes, and the trial court could not rely on defendant's silence at sentencing alone to establish lack of remorse. Affirmed.
June 01, 2009 at 12:00 AM
1 minute read
Commonwealth v. Bowen, PICS Case No. 09-0854 (Pa. Super. May 21, 2009) Fitzgerald, J.; Shogan, J., concurring (17 pages).
The trial court erred in relying on defendant’s silence at sentencing to find that he refused to take responsibility for his crimes, and the trial court could not rely on defendant’s silence at sentencing alone to establish lack of remorse. Affirmed.
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