Com. v. Garcia-Rogers, D.
CourtSuperior Court of Pennsylvania
Date FiledNovember 4, 2026
Docket86 MDA 2026
JudgeDubow
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37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. :
:
:
DEVIN EDWARD GARCIA-ROGERS :
:
Appellant : No. 86 MDA 2026
Appeal from the Judgment of Sentence Entered December 1, 2025
In the Court of Common Pleas of Lancaster County Criminal Division at
No(s): CP-36-CR-0005434-2024
BEFORE: PANELLA, P.J.E., DUBOW, J., and SULLIVAN, J.
MEMORANDUM BY DUBOW, J.: FILED: NOVEMBER 4, 2026
Appellant, Devin Edward Garcia-Rogers, appeals from the December 1,
2025 judgment of sentence entered in the Lancaster County Court of Common
Pleas following his open guilty plea to one count each of Possession of Firearm
Prohibited, Terroristic Threats, Simple Assault, and Firearms Not to be Carried
Without a License.1 Appellant challenges the discretionary aspects of his
sentence. After careful review, we affirm.
The relevant facts and procedural history are, briefly, as follows. On
November 23, 2024, police arrested Appellant after he, inter alia, brandished
a firearm and made threatening statements at a bar in Lancaster. Police later
determined that Appellant had prior convictions of Aggravated Assault and
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1 18 Pa.C.S. §§ 6105(a)(1), 2706(a)(1), 2701(a)(3), and 6106(a)(1),
respectively.
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Possession with Intent to Deliver, rendering him a person not to possess a
firearm.
On December 1, 2025, Appellant appeared before the trial court to enter
an open guilty plea to the charges. Following his guilty plea, Appellant waived
his right to a pre-sentence investigation report, and the parties proceeded to
sentencing. The Commonwealth requested that the court impose a sentence
of 10 to 20 years of incarceration, which would have been a standard range
sentence. Appellant’s counsel argued that the court should impose a mitigated
range sentence because, inter alia, changes to the sentencing guidelines since
the time of Appellant’s 2015 guilty plea to firearms offenses and conspiracy
had rendered Appellant’s prior record score higher than they would have been
had the guidelines not changed. As such, Appellant’s counsel urged the court
to sentence Appellant as if his current prior record score were calculated under
the former guidelines.2 Counsel also asked the court to consider mitigating
factors such as Appellant taking responsibility for his actions, his history of
drug and alcohol abuse, and the programs and classes he completed while
incarcerated.
Following its consideration of counsels’ arguments, Appellant’s
statement to the court, and letters written to the court on Appellant’s behalf,
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2 Appellant requested that the court sentence him under the 7th edition of the
Sentencing Guidelines, notwithstanding that the 8th edition of the Sentencing
Guidelines became effective on January 1, 2024, approximately 11½ months
before the conduct that gave rise to the charges against Appellant.
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the trial court imposed an aggregate sentence of 8 to 20 years of
incarceration.3
On December 8, 2025, Appellant filed a timely motion to modify
sentence contending that the court abused its discretion in failing to consider
mitigating factors such as Appellant’s acceptance of responsibility, his family
support, and his return to his faith, and in refusing to sentence him under the
previous version of the sentencing guidelines. The trial court denied
Appellant’s motion on December 12, 2025.
This timely appeal followed. Both Appellant and the trial court complied
with Pa.R.A.P. 1925.
Appellant raises the following issue on appeal:
The trial court abused its discretion in failing to consider mitigation
and the prior sentencing guidelines in fashioning a sentence
following an open guilty plea.
Appellant’s Br. at 6.
Challenges to the discretionary aspects of sentencing do not entitle an
appellant to review as of right, and a challenge in this regard is properly
viewed as a petition for allowance of appeal. 42 Pa.C.S. § 9781(b);
Commonwealth v. Tuladziecki, 522 A.2d 17, 18 (Pa. 1987). To obtain our
review, an appellant must (1) preserve the issue at sentencing or in a post-
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3 The court sentenced Appellant a term of 8 to 20 years of incarceration for
the Possession of Firearms Prohibited conviction and concurrent terms of 1 to
2 years of incarceration and 3 to 6 years of incarceration for the Terroristic
Threats and Firearms Not to be Carried Without a License convictions,
respectively. The court imposed a sentence of 2 years of probation for the
Simple Assault conviction, concurrent with the Terroristic Threats conviction.
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sentence motion; (2) file a timely notice of appeal; (3) include a concise
statement of the reasons relied on for appeal pursuant to Pa.R.A.P. 2119(f);
and (4) raise a “substantial question that the sentence is appropriate under
the [S]entencing [C]ode.” Commonwealth v. Carrillo-Diaz, 64 A.3d 722,
725 (Pa. Super. 2013) (citation omitted).
Here, Appellant filed a timely notice of appeal, preserved his claim at
sentencing, and included a Pa.R.A.P. 2119(f) statement in his brief to this
Court. We, thus, proceed to consider whether Appellant has raised a
substantial question for our review.
An appellant “presents a substantial question when he sets forth a
plausible argument that the sentence violates a provision of the [Sentencing
c]ode or is contrary to the fundamental norms of the sentencing process.”
Commonwealth v. Dodge, 77 A.3d 1263, 1268 (Pa. Super. 2013) (citation
and internal quotations marks omitted).
Claims that the sentencing court did not adequately consider mitigating
factors generally do not raise a substantial question. See Commonwealth
v. Disalvo, 70 A.3d 900, 903 (Pa. Super. 2013) (“This Court has held on
numerous occasions that a claim of inadequate consideration of mitigating
factors does not raise a substantial question for our review.”) (citation
omitted); Commonwealth v. Zirkle, 107 A.3d 127, 133 (Pa. Super. 2014)
(“[W]e have held that a claim that a court did not weigh the factors as an
appellant wishes does not raise a substantial question.”). Accordingly,
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Appellant’s mitigating factors-based claim, without more, fails to raise a
substantial question.
With respect to his sentencing guidelines-based claim, Appellant has
simply ignored that “[t]he sentencing guidelines shall apply to all offenses
committed on or after the effective date of the guidelines.” 204 Pa. Code §
303.1(c). Appellant has not set forth any argument that his standard range
sentence violates any provision of the effective sentencing code or is contrary
to the fundamental norms of the sentencing process. This claim likewise fails
to raise a substantial question. Because neither of Appellant’s claims raise a
substantial question Appellant has, thus, failed to invoke our review of his
discretionary sentencing claim.
Judgment of sentence affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 11/4/2026
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