Theft by Failure to Make Disposition of Funds Received • Sentencing Court’s Discretion • Illegal Sentence • Sentence Outside of Aggravated Range
Commonwealth v. Kearns, PICS Case No. 16-1388 (Pa. Super. Nov. 7, 2016) Stevens, J. (13 pages).
The trial court’s upward departure of sentence within statutory maximums for a conviction for theft by failure to make required disposition of funds was supported by its finding that such a sentence was supported by the significant public harm caused by appellant’s criminal acts. Judgment of sentence affirmed.
