Com. v. Piper, R.
CourtSuperior Court of Pennsylvania
Date FiledOctober 30, 2026
Docket1394 WDA 2025
JudgeBowes
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
RENEE LYNN PIPER :
:
Appellant : No. 1394 WDA 2025
Appeal from the Judgment of Sentence Entered September 26, 2025
In the Court of Common Pleas of Bedford County Criminal Division at
No(s): CP-05-CR-0000139-2024
BEFORE: BOWES, J., OLSON, J., and MURRAY, J.
MEMORANDUM BY BOWES, J.: FILED: October 30, 2026
Renee Lynn Piper appeals from the judgment of sentence of ninety
months to forty years of imprisonment, followed by twelve months of re-entry
supervision, imposed after she entered an open plea of nolo contendere to
twenty counts of aggravated cruelty to animals, twenty counts of cruelty to
animals, and ten counts of failure to keep a dog license. We affirm.
On December 31, 2023, the Pennsylvania State Police responded to the
Bedford Township residence owned by Appellant and her husband, Nyal Barton
Piper (“co-defendant”) to conduct a welfare check on animals believed to be
inside. Troopers observed that the couple were dirty and covered in feces, as
were multiple dogs in the backyard, one of which had an open wound on its
ears. After obtaining consent to search, troopers found the house in a
deplorable condition. The floors were covered in feces, cages holding the
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animals were stacked three high throughout the residence, and no clean food
or water was provided or accessible to the animals. Volunteers from the
Bedford County Humane Society, as well as volunteers from other local
shelters, removed ninety dogs, eight cats, and a tortoise from the home.1
Four dogs had to be euthanized at the scene, and a fifth was euthanized the
following day. Many of the surviving animals required veterinary procedures,
including dental extractions, treatment for severe skin infections and sores,
and surgery for infected wounds. Only nine of the dogs were licensed. See
N.T. Plea, 6/17/25, at 11-13.
The Commonwealth charged Appellant and co-defendant with nearly
500 offenses. On June 17, 2025, the day scheduled for jury selection,
Appellant entered an open plea of nolo contendere to the charges enumerated
above, with the remaining charges to be nolle prossed.2 The parties agreed
that each of the forty cruelty counts corresponded to a separate animal. Id.
at 16-17. During the colloquy, the court explained that a nolo contendere
plea meant that Appellant was “not agreeing with what the Commonwealth
says happened in the case factually,” but was agreeing that, “if a jury were to
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1 Kathy Ramsey, the manager of the Bedford County Humane Society, testified
at sentencing that their agency removed ninety-four dogs. See N.T.
Sentencing, 9/26/25, at 17.
2 Co-defendant entered an identical plea at the same proceeding.
His separate
appeal from his judgment of sentence, docketed at 1396 WDA 2025, is
addressed in a separate memorandum.
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believe all of the allegations in the case and the evidence, that they could
convict [her] of those counts.” Id. at 3. The court further advised Appellant
that each felony count of aggravated cruelty carried a maximum of seven
years of imprisonment, that the sentences could be imposed consecutively,
and that sentencing was open to the court’s discretion. Id. at 3-5. The court
accepted the plea and ordered a pre-sentence investigation (“PSI”) report.
The court imposed its sentence on Appellant on September 26, 2025.
In fashioning the sentence, the court considered the PSI report, sentencing
memoranda from all parties with exhibits, the Commonwealth’s photographs
and videos of the residence and the animals, letters from rescuers, volunteers,
and adoptive owners, and the report of the defense expert, Wayne D’Agaro,
Psy.D. The Commonwealth presented the testimony of a representative of
the Bedford County Humane Society, Kathy Ramsey, and Appellant presented
the testimony of Dr. D’Agaro and her mother, Mary Ann Hazen. Appellant also
exercised her right of allocution.
Ms. Ramsey of the Bedford County Humane Society described the
rescue, the condition of the animals, the five dogs that had to be euthanized,
and the burden borne by the shelter, its staff, and the community. See N.T.
Sentencing 9/26/25 at 15-22. The Commonwealth requested consecutive
sentences at the top of the standard range to the aggravated range because
each count represented an individual animal. Id. at 23-24.
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Appellant presented the testimony of Dr. D’Agaro, who evaluated her
and found no cognitive impairment, but identified severe depression and
anxiety. Id. at 35. He described several subtypes of animal hoarding,
including the “overwhelmed caregiver,” who attempts to care for animals but
becomes overwhelmed psychologically and financially, and the more culpable
“exploiter” and “breeder” hoarders, who lack empathy for the animals. Id. at
37-38. He placed Appellant in the overwhelmed-caregiver subtype. Id. at 37.
On cross-examination and in response to the court’s questions, Dr. D’Agaro
acknowledged that his opinions were based solely on his interviews with
Appellant and information supplied by counsel, and conceded that he had not
reviewed the photographs or videos of the home, information about the
couple’s retirement benefits or financial assets, or any statement from
Appellant’s ninety-two-year-old mother, Ms. Hazen, whom Appellant cared for
daily. Id. at 43-46, 50-53.
In her allocution, Appellant apologized for the time and expense her
“hoarding” had caused and stated that she never intentionally harmed an
animal. Id. at 48-50. During argument, counsel emphasized Appellant’s
education, career with the Federal Bureau of Investigation (“FBI”), lack of a
criminal record, mental-health conditions, and role as her mother’s caregiver,
and stressed that she had taken responsibility by pleading rather than
proceeding to trial. Id. at 53-62.
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The court then explained the reasons for its sentence at length. Id. at
67-96. It recounted its review of the entire record, which it had read “at least
three to five times,” and described the photographs as “some of the most
extreme” it had seen in approximately twenty years as a prosecutor and
judge. Id. at 68-69. The court rejected Dr. D’Agaro’s overwhelmed-caregiver
opinion as resting on an incomplete factual basis and found that Appellant was
“more closely aligned with an exploiter hoarder.” Id. at 81-88. After
addressing the gravity of the offenses, the protection of the public, and
Appellant’s rehabilitative needs, the court imposed the following sentence. On
the five counts of aggravated cruelty that corresponded to the five animals
that had to be euthanized, the court imposed aggravated-range sentences of
six to twenty-four months of imprisonment. On each of the remaining fifteen
counts, it imposed four to twenty-four months of imprisonment, which was at
the top of the standard range. All twenty sentences were set to run
consecutively. The aggregate sentence was ninety months to forty years of
imprisonment, followed by twelve months of re-entry supervision.3
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3 The court also found Appellant eligible for the Recidivism Risk Reduction
Incentive (“RRRI”) program and, pursuant to 18 Pa.C.S. § 5555, prohibited
her from owning, possessing, or caring for animals for forty years. See
Sentencing Order, 9/26/25, at ¶¶ 2, 7. It declined the Commonwealth’s
request for restitution to the rescue organizations, a ruling that is not at issue
in this appeal. See N.T. Sentencing, 9/26/25, at 9-13. The court also rejected
Appellant’s argument that her sentences merged, because each count
represented a separate animal. Id. at 8-9.
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Appellant filed a timely post-sentence motion, which the court denied,
and a timely notice of appeal. She complied with the court’s order to file a
concise statement of errors pursuant to Pa.R.A.P. 1925(b). In its Rule 1925(a)
opinion, the trial court stated that its reasons for the sentence were fully set
forth on the record at the sentencing hearing and referred this Court to the
transcript. See Trial Court Opinion, 1/7/26, at 1.
Appellant presents the following issues for our review:
I. Whether the sentencing court abused its discretion by
imposing a manifestly excessive aggregate sentence of
ninety months to forty years through the consecutive
imposition of twenty felony sentences where Appellant, a
[sixty-four]-year-old with no prior criminal history, over
[fifteen] years of distinguished public service working for the
FBI, had a prior record score of zero, extensive mitigating
evidence was presented, and the resulting aggregate
sentence was clearly unreasonable under 42 Pa.C.S. §§
9721(b) and 9781(c)?
II. Whether the sentencing court abused its discretion by
substituting its own adverse psychological classification that
Appellant was an "exploiter hoarder" for unrebutted expert
testimony diagnosing Appellant as an overwhelmed
caregiver suffering from animal-hoarding disorder?
Appellant’s brief at 8 (cleaned up).4
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4 Appellant’s brief also includes a third question, which asserts that the court
improperly assigned aggravating weight to her refusal to admit the
Commonwealth’s factual allegations after entering a nolo contedere a plea. As
we explain below, that issue was not preserved and is therefore waived.
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Each of Appellant’s claims implicates the discretionary aspects of
sentencing.5 We begin our review mindful of the following legal principles.
“An appellant is not entitled to the review of challenges to the discretionary
aspects of a sentence as of right.” Commonwealth v. Bowens, 265 A.3d
730, 762–63 (Pa.Super. 2021) (en banc) (cleaned up).
Rather, an appellant challenging the discretionary aspects of his
sentence must invoke this Court’s jurisdiction. We determine
whether the appellant has invoked our jurisdiction by considering
the following four factors: (1) whether [the] appellant has filed a
timely notice of appeal; (2) whether the issue was properly
preserved at sentencing or in a motion to reconsider and modify
sentence; (3) whether [the] appellant’s brief has a fatal defect;
and (4) whether there is a substantial question that the sentence
appealed from is not appropriate under the Sentencing Code.
Id. at 763 (cleaned up).
A substantial question is raised when an appellant sets forth a colorable
argument that his sentence is either: “(1) inconsistent with a specific
provision of the sentencing code; or (2) contrary to the fundamental norms
which underlie the sentencing process.” Commonwealth v. Radecki, 180
A.3d 441, 468 (Pa.Super. 2018) (cleaned up). In addressing whether an
appellant has presented a substantial question, “[o]ur inquiry must focus on
the reasons for which the appeal is sought, in contrast to the facts underlying
____________________________________________
5 Appellant’s Rule 1925(b) statement raised additional challenges, including
that the court deviated from the guidelines without sufficient justification.
Since Appellant has not included or developed those claims in her brief, we do
not address them. See Pa.R.A.P. 2116(a), 2119(a); Commonwealth v.
Johnson, 985 A.2d 915, 924 (Pa. 2009).
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the appeal, which are necessary only to decide the appeal on the merits.”
Commonwealth v. Rhoades, 8 A.3d 912, 916 (Pa.Super. 2010) (cleaned
up). To determine whether an appellant has raised a substantial question,
our review is confined to the appellant’s Rule 2119(f) statement and the
statement of questions presented. See Commonwealth v. Dodge, 77 A.3d
1263, 1271 (Pa.Super. 2013) (“[A] court may look to both Pa.R.A.P. 2119(f)
statement and statement of questions presented to determine if substantial
questions are raised[.]” (citation omitted)).
Here, Appellant timely appealed and included a Rule 2119(f) statement
in her brief. She preserved her first two sentencing challenges in her post-
sentence motion. However, she did not raise her third issue, which challenges
the court’s comments regarding her nolo contendere plea, at the sentencing
hearing or in her post-sentence motion. Therefore, the issue is waived and we
will not review it. See Commonwealth v. Griffin, 65 A.3d 932, 935
(Pa.Super. 2013) (“[I]ssues challenging the discretionary aspects of
sentencing must be raised in a post-sentence motion or by presenting the
claim to the trial court during the sentencing proceedings. Absent such
efforts, an objection to a discretionary aspect of a sentence is waived.”
(cleaned up)); Pa.R.A.P. 302(a). We therefore consider whether Appellant’s
two preserved issues raise substantial questions, which the Commonwealth
maintains they do not. See Commonwealth’s brief at 4.
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The Commonwealth is correct that a bald challenge to the court’s
exercise of its discretion to impose consecutive rather than concurrent
sentences and that a claim that the court failed to give adequate weight to
mitigating factors does not, standing alone, raise a substantial question. See
Commonwealth v. DiSalvo, 70 A.3d 900, 903 (Pa.Super. 2013);
Commonwealth v. Austin, 66 A.3d 798, 808 (Pa.Super. 2013). However,
Appellant’s claims are not so limited. Considered together, as Appellant
presents them, they allege that the consecutive imposition of twenty felony
sentences produced an aggregate sentence that is clearly unreasonable and
not individualized in light of her age, lack of criminal history, career in public
service, and rehabilitative needs. She also contends that the court relied upon
a characterization of her culpability that lacked support in the record. See
Appellant’s brief at 14-16.
These claims present substantial questions for our review. See
Commonwealth v. Caldwell, 117 A.3d 763, 769-70 (Pa.Super. 2015) (en
banc) (explaining that the imposition of consecutive sentences presents a
substantial question where “the aggregate sentence is unduly harsh,
considering the nature of the crimes and the length of imprisonment” (cleaned
up)). See also Commonwealth v. Macias, 968 A.2d 773, 776 (Pa.Super.
2009) (holding that a claim that the sentencing court relied upon
impermissible factors raises a substantial question). We therefore proceed to
the merits.
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The following principles govern our review of Appellant’s challenges:
To prevail, Appellant must demonstrate that the sentencing court
abused its discretion. In this context, an abuse of discretion is not
shown merely by an error in judgment. Rather, Appellant must
establish, by reference to the record, that the sentencing court
ignored or misapplied the law, exercised its judgment for reasons
of partiality, prejudice, bias or ill will, or arrived at a manifestly
unreasonable decision.
Commonwealth v. Solomon, 247 A.3d 1163, 1168 (Pa.Super. 2021)
(cleaned up). Where, as here, the trial court has the benefit of a PSI report,
“it is presumed that the court is aware of all appropriate sentencing factors
and considerations, and that where the court has been so informed, its
discretion should not be disturbed.” Commonwealth v. Torres, 303 A.3d
1058, 1065 (Pa.Super. 2023) (cleaned up). “We cannot re-weigh the
sentencing factors and impose our judgment in the place of the sentencing
court.” Macias, 968 A.2d at 778.
While it is broad, “the trial court’s discretion is not unfettered.”
Commonwealth v. Coulverson, 34 A.3d 135, 144 (Pa.Super. 2011). The
sentence imposed “should call for confinement that is consistent with the
protection of the public, the gravity of the offense as it relates to the impact
on the life of the victim and on the community, and the rehabilitative needs
of the defendant.” 42 Pa.C.S. § 9721(b). A sentencing court must weigh the
specific facts of the offense alongside the defendant’s character, looking to
factors such as criminal history, age, individual traits, and prospects for
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rehabilitation. See Commonwealth v. Taylor, 277 A.3d 577, 593
(Pa.Super. 2022).
Furthermore, “the court shall make as a part of the record, and disclose
in open court at the time of sentencing, a statement of the reason or reasons
for the sentence imposed.” 42 Pa.C.S. § 9721(b). Where, as here, each
individual sentence falls within the standard range of the sentencing
guidelines, we may vacate only if “the case involves circumstances where the
application of the guidelines would be clearly unreasonable.” 42 Pa.C.S.
§ 9781(c)(2). In making that assessment, we consider the nature and
circumstances of the offense and the history and characteristics of the
defendant, the opportunity of the sentencing court to observe the defendant,
including any PSI report, the findings upon which the sentence was based,
and the sentencing guidelines. See 42 Pa.C.S. § 9781(d). An unreasonable
sentence is one that is “irrational” or “not guided by sound judgment.”
Commonwealth v. Walls, 926 A.2d 957, 963 (Pa. 2007). Our deference to
the sentencing court reflects that it “is in the best position to determine the
proper penalty for a particular offense based upon an evaluation of the
individual circumstances before it,” as it “can accord the proper weight to the
defendant’s character, displays of remorse, defiance or indifference, and the
overall effect and nature of the crime.” Id. at 961 (cleaned up).
Mindful of these principles, we turn to Appellant’s first issue.
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Appellant argues that, by running twenty felony sentences
consecutively, the court transformed guideline sentences measured in months
into an aggregate sentence that exposes a sixty-four-year-old first offender
with a distinguished career at the FBI to decades of state control. She
emphasizes that the court acknowledged that protection of the public was not
a primary concern and separately barred her from possessing animals for forty
years, and she points to the court’s comment that “the best case scenario for
these types of cases is not to put people in jail.” Appellant’s brief at 16-25.
Appellant reads this observation as a sign that the court did not believe
incarceration was appropriate for animal abuse. It does not bear that
interpretation. The court’s next words were: “[i]t’s that, the animals don’t
get abused in the first place.” N.T. Sentencing, 9/26/25, at 93. It proffered
this sentiment in urging the community to recognize and respond to the early
signs of animal hoarding and to draw something positive from the case. It
was not expressing doubt about the sentence it was about to impose.
Our review of the record reveals no abuse of discretion. At the outset,
we note that the court had the benefit of a PSI report, which was expressly
reviewed along with the sentencing memoranda, Dr. D’Agaro’s report and
testimony, Appellant’s written statement, and the letters submitted on her
behalf. See N.T. Sentencing, 9/26/25, at 2-5, 67-68, 76-85. We therefore
presume that the court was aware of and weighed the mitigating
circumstances Appellant highlights, including her age, health, lack of a
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criminal record, career, and caregiving responsibilities. See Torres, 303 A.3d
at 1065. Indeed, Appellant does not dispute that the court considered this
information. See Appellant’s brief at 21, 23. Her disagreement is with the
weight the court assigned to it, which, as noted above, does not raise a
substantial question. See DiSalvo, 70 A.3d at 903.
The record further confirms that the court applied each of the
considerations required by § 9721(b). Regarding the gravity of the offenses,
the court described in detail the conditions depicted in the photographs and
videos: rusted, corroded cages stacked atop one another; floors entirely
covered in feces, urine, and hair; excrement on the walls and ceilings; a dog
standing in feces deep enough to cover its paws; and the carcasses of two
dogs and a pig, one of them left in a kennel with living dogs and so
decomposed that the court could not tell “where the dog carcass ends and the
floor begins.” N.T. Sentencing, 9/26/25, at 68-71. It found that the
accumulation reflected neglect over a long period of time, and it reviewed the
accounts of rescuers and adoptive owners describing similarly situated dogs
that could not walk, play, or pass through a doorway after significant time
spent confined in crates. Id. at 69-76. The court also considered the
substantial impact on the community, including the shelter staff, volunteers,
and organizations that absorbed the rescue and rehabilitation of nearly one
hundred animals. Id. at 71-76, 92-93. It concluded that this was “an extreme
case” of animal abuse. Id. at 90.
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The court did not ignore the remaining § 9721(b) considerations. It
acknowledged that protection of the public was not “a critical consideration”
and that the primary future risk was that the defendants might again possess
animals. Id. at 91. As to rehabilitative needs, the court expressly recognized
that Appellant “[is] advanced in age” and has medical needs, but found those
needs to be normal for her age and better met in a state correctional setting
than by county resources. Id. The court also considered what it found to be
Appellant’s lack of genuine remorse and appreciation for the harm she caused,
and it remarked that it did not impose the sentence “with any type of
celebration” or “take joy in the fact of incarcerating anyone [her] age.” Id.
at 91-92. The court thus weighed each of the statutory considerations and
explained why the gravity of the offenses warranted a significant term of
incarceration notwithstanding Appellant’s age and the limited risk Appellant
posed to the public.
Appellant’s reliance on the court’s acknowledgment that public
protection was not a critical concern is misplaced. Section 9721(b) directs the
court to fashion a sentence consistent with protection of the public, the gravity
of the offense as it relates to the impact on the victim and the community,
and the defendant’s rehabilitative needs. The court’s candid recognition that
one factor weighed less heavily here demonstrates that it considered all three,
not that it failed to individualize the sentence.
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Nor are we persuaded that the consecutive structure of the sentence
rendered it clearly unreasonable. The key inquiry is “whether the decision to
sentence consecutively raises the aggregate sentence to, what appears upon
its face to be, an excessive level in light of the criminal conduct at issue in the
case.” Commonwealth v. Mastromarino, 2 A.3d 581, 587 (Pa.Super.
2010) (cleaned up). Each of the twenty felony counts represented a different
animal subjected to the conditions described above, as Appellant agreed when
entering the plea. See N.T. Plea, 6/17/25, at 16-17. None of the individual
sentences exceeded the guidelines. With an offense gravity score of eight and
a prior record score of zero, the standard-range minimum sentence on each
count of aggravated cruelty to animals was one to four months of
incarceration, plus or minus three months. See, N.T. Sentencing 9/26/25, at
6. The court imposed sentences at the top of the standard range on fifteen
counts. On the remaining five counts, it imposed aggravated range sentences,
explaining that those counts corresponded to the five animals that died. The
guidelines for the torture variant of aggravated cruelty to animals, to which
Appellant pled, do not account for that aggravating circumstance.6 See N.T.
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6 The aggravated cruelty statute provides that “[a] person commits an offense
if the person intentionally or knowingly does any of the following: (1) Tortures
an animal. (2) Violates section 5532 (relating to neglect of an animal) or 5533
(relating to cruelty to an animal) causing serious bodily injury to the animal
or the death of the animal.” 18 Pa.C.S. § 5534(a). Appellant pled to the torture
variant set forth in subsection (a)(1), which does not require that the animal
die.
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Sentencing, 9/26/25, at 95-96. Appellant does not challenge that rationale.
Absent circumstances in which the application of the guidelines would be
clearly unreasonable, “where a sentence is within the standard range of the
guidelines, Pennsylvania law views the sentence as appropriate under the
Sentencing Code.” Commonwealth v. Moury, 992 A.2d 162, 171 (Pa.Super.
2010). Moreover, a defendant is not entitled to a “volume discount” for
multiple crimes by having all sentences run concurrently. See
Commonwealth v. Brown, 249 A.3d 1206, 1216 (Pa.Super 2021). In light
of the number of animals involved, the prolonged and severe nature of their
suffering, and the deaths of five of them, an aggregate minimum of ninety
months does not appear excessive on its face.
As noted, because the court had the benefit of a PSI report, we presume
that it considered the mitigating evidence on which Appellant relies, and our
review of the record reveals nothing to rebut that presumption. To the
contrary, the court acknowledged her education, her career with the FBI, and
her lack of a prior record, and it heard Ms. Hazen’s testimony regarding the
care Appellant provided. See N.T. Sentencing, 9/26/25, at 77, 84-85. The
court did not find that evidence sufficiently mitigating to warrant a lesser
sentence. Indeed, it found that Appellant’s ability to attend to all of
Ms. Hazen’s daily needs demonstrated that she was capable of caring for the
animals in her custody. Id. at 84-85. Appellant’s lack of a prior record,
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moreover, was already reflected in her prior record score of zero, upon which
the guideline ranges were calculated. Id. at 6.
In sum, the court considered the circumstances of the offenses,
Appellant’s character, her lack of a prior record, her age and health, and her
rehabilitative needs, and it placed on the record its reasons for the sentence
imposed. That the court weighed these considerations differently than
Appellant would have preferred does not render the sentence clearly
unreasonable, as we cannot re-weigh the sentencing factors and impose our
judgment in the place of the sentencing court. See Macias, 968 A.2d at 778.
We discern no abuse of discretion.
In her second issue, Appellant argues that the court abused its
discretion by rejecting Dr. D’Agaro’s unrebutted opinion that she was an
overwhelmed caregiver and substituting its own psychological classification
that she was more closely aligned with an exploiter hoarder. She concedes
that the court was free to determine the weight and credibility of Dr. D’Agaro’s
testimony and was not required to accept it. See Appellant’s brief at 26. She
maintains, however, that the court did not merely reject that testimony, but
transformed an unsupported classification into an aggravating factor that
increased her perceived blameworthiness and permeated the court’s
sentencing rationale. Id. at 26-30.
We disagree. The principle that the factual basis for a sentence must
be supported by the record was not violated here. The court did not purport
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to render a psychological diagnosis. To the contrary, it acknowledged, “I’m
not a doctor, so I can’t diagnose [Appellant] as [an] exploiter hoarder[],” and
it concluded only that the Appellant was “closer to” and “more closely aligned
with” that subtype than with the overwhelmed-caregiver subtype. See N.T.
Sentencing, 9/26/25, at 84, 88. The framework the court used was
Dr. D’Agaro’s own. Dr. D’Agaro described the overwhelmed caregiver as
someone with a strong attachment to the animals who wants to provide proper
care but lacks the financial resources or emotional capacity to do so, and he
distinguished the exploiter and breeder subtypes by their lack of empathy for
the animals. Id. at 36-38, 79-80. Having accepted that framework, the court
permissibly assessed which description better fit the evidence before it.
Commonwealth v. Moye, 224 A.3d 48, 56 (Pa.Super 2019) (holding that
appellate courts defer to credibility determinations and findings of fact made
by the sentencing court, as long as they are supported by competent
evidence).
In doing so, the court explained that Dr. D’Agaro’s opinion was “faulty”
because it rested on an incomplete and inaccurate factual foundation.
Dr. D’Agaro admitted that he relied solely on his interviews with Appellant and
co-defendant and information from their counsel, and that he had not
reviewed the photographs, the videos, their finances, or the statements of
Ms. Hazen. Id. at 43-46, 81. The court then identified record evidence that
undermined the premise of the overwhelmed-caregiver opinion. First, the PSI
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reports showed that the couple received more than $7,000 per month in
combined retirement benefits, Appellant continued to work as an attorney
until her arrest, and both defendants posted $250,000 bonds shortly after
their arrest, which contradicted Dr. D’Agaro’s contention that they lacked the
financial means to care for the animals. Id. at 77, 81, 83, 86, 88-89. Second,
the letters submitted on Appellant’s behalf established that Appellant
managed all of Ms. Hazen’s daily needs, cooking, cleaning, and handling her
medications and appointments, demonstrating that she had the physical
capacity to care for other living things. Id. at 84-86. Third, the letters from
adoptive owners established that many of the animals were young and
desirable breeds, some as young as six months old, which undercut the claim
that the couple had taken in older animals that would otherwise have been
euthanized. Id. at 72-76, 82. Fourth, the photographs showed that Appellant
had not taken even minimal steps to ameliorate the conditions, such as
removing a dog carcass from a kennel where living dogs were kept, and that
the conditions had accumulated over a long period. Id. at 69-70, 88-89.
Finally, the court found no genuine remorse or appreciation for the harm
caused, noting that Appellant’s written statement focused almost entirely on
her own accomplishments and said little or nothing about the animals or the
volunteers who rescued them. Id. at 77-78, 85, 87-88.
From this evidence, the court inferred that Appellant “had both the
physical ability and the financial ability to do something and [she] didn’t,” and
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that the animals had been kept for her own purposes rather than as rescues.
Id. at 88-89. Those findings are grounded in the record, and they were
corroborated by Kathy Ramsey’s testimony that the ages of the dogs
demonstrated that “this was not two people who were overwhelmed.” Id. at
19. The court’s conclusion that Appellant was more culpable than the
overwhelmed caregiver described by the defense expert was therefore not an
unsupported assumption, but a reasonable inference drawn from record
evidence, which the sentencing court is uniquely positioned to make. See
Walls, 926 A.2d at 961. Appellant’s argument that the court could reject Dr.
D’Agaro’s opinion, but could not make contrary findings would, in effect,
require the court to accept an expert’s factual premises even after finding
them contradicted by the record. The law imposes no such requirement. At
bottom, because the record supports the court’s assessment of Appellant’s
culpability, we will not disturb it.
Finally, we note that the court’s assessment of Appellant’s culpability
did not dictate the structure of the sentence in the manner Appellant suggests.
The court imposed aggravated-range sentences only on the five counts
corresponding to the animals that died, for reasons unrelated to its rejection
of Dr. D’Agaro’s overwhelmed-caregiver opinion, and it imposed standard-
range sentences on the remaining fifteen felony counts. See N.T. Sentencing,
9/26/25, at 95-96. Assessing a defendant’s culpability and character is a core
function of the sentencing court, and the court properly considered them here.
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J-A22012-26
See 42 Pa.C.S. § 9721(b); Taylor, 277 A.3d at 593. Appellant’s second issue
merits no relief.
In sum, the court considered all necessary sentencing factors and
properly placed the reasons for the sentence on the record, and our review of
Appellant’s claims reveals no abuse of discretion. Accordingly, we affirm the
judgment of sentence.
Judgment of sentence affirmed.
DATE: 10/30/2026
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