Theft by Failure to Make Disposition of Funds Received • Sentencing Court’s Discretion • Illegal Sentence • Sentence Outside of Aggravated Range

Commonwealth v. McLaine, PICS Case No. 16-1387 (Pa. Super. Nov. 7, 2016) Stevens, J. (14 pages).

Sentence outside aggravated range for theft by failure to make disposition of funds conviction was proper where trial court relied on prior findings of the significant negative impact of appellant’s criminal activity to the public at large and appellant’s continued failure and refusal to make restitution. Judgment of sentence affirmed.