Super. Ct. sets forth standards for revocation of State Intermediate Punishment (SIP)/ extending time limits for appealing revocation sentences after seeking reconsideration

Commonwealth v . Michael A. Flowers, 2016 PASuper 230 (11/9/16)

Good case from the Superior Court on standards for revocation of State Intermediate Punishment, reasons for sentencing, and the time you have to appeal a revocation of revocation of parole, probationer or SIP.  The defendant’s SIP was revoked and he was sentenced to confinement, and he sought reconsideration, which was denied, after which he appealed, more than 30 days after  the original sentence. At the colloquy the judge said he had 30 days from denial of revocation to appeal, which was wrong— that only applies in the case of the appeal from the original sentence. (Many judges and DA’s, not to mention defense lawyers, do not know this.) His late appeal was therefore deemed timely.  The Court set out the law on when there is a violation of SIP— there was— and then did a nice discourse on what is and is not a statement of reasons at the time of sentence, which in this case there wan’t/ Remanded for resentencing.

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