Com. v. Mohamed-Jones, W.
CourtSuperior Court of Pennsylvania
Date FiledOctober 27, 2026
Docket1308 WDA 2025
JudgeFord Elliott
StatusUnpublished
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Full Opinion
J-S40034-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WAEL MOHAMED-JONES :
:
Appellant : No. 1308 WDA 2025
Appeal from the Judgment of Sentence Entered September 18, 2025
In the Court of Common Pleas of Allegheny County Criminal Division at
No(s): CP-02-CR-0001289-2024
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WAEL HASI MOHAMED-JONES :
:
Appellant : No. 1309 WDA 2025
Appeal from the Judgment of Sentence Entered September 18, 2025
In the Court of Common Pleas of Allegheny County Criminal Division at
No(s): CP-02-CR-0001290-2024
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WAEL HASI MOHAMED-JONES :
:
Appellant : No. 1310 WDA 2025
Appeal from the Judgment of Sentence Entered September 18, 2025
In the Court of Common Pleas of Allegheny County Criminal Division at
No(s): CP-02-CR-0001291-2024
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
J-S40034-26
:
v. :
:
:
WAEL H. MOHAMED JONES :
:
Appellant : No. 1311 WDA 2025
Appeal from the Judgment of Sentence Entered September 18, 2025
In the Court of Common Pleas of Allegheny County Criminal Division at
No(s): CP-02-CR-0001294-2024
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WAEL MOHAMED-JONES :
:
Appellant : No. 1312 WDA 2025
Appeal from the Judgment of Sentence Entered September 18, 2025
In the Court of Common Pleas of Allegheny County Criminal Division at
No(s): CP-02-CR-0001295-2024
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WAEL HASI MOHAMED-JONES :
:
Appellant : No. 1313 WDA 2025
Appeal from the Judgment of Sentence Entered September 18, 2025
In the Court of Common Pleas of Allegheny County Criminal Division at
No(s): CP-02-CR-0001296-2024
BEFORE: OLSON, J., NICHOLS, J., and FORD ELLIOTT, P.J.E.*
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
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MEMORANDUM BY FORD ELLIOTT, P.J.E.: FILED: October 27, 2026
Appellant, separately docketed under the names Wael Hasi Mohamed-
Jones, Wael H. Mohamed Jones, and Wael Mohamed-Jones, appeals from the
judgments of sentence entered by the Court of Common Pleas of Allegheny
County after he jointly entered partially negotiated guilty pleas in each of his
underlying criminal matters. He challenges the discretionary aspects of his
aggregate sentence term. We affirm.
Between November 20, 2023, and January 1, 2024, Appellant engaged
in a spree of commercial property break-ins and store-front robberies,
resulting in his arrest and the recovery of a firearm from his person. See N.T.
Guilty Plea Hearing, 4/21/25, 4-9. In particular, the following factual
summaries for each of the underlying criminal matters were accepted at his
guilty plea hearing:
[O]n or about November 20, 2023, [Stowe Township police]
officers were dispatched to 728 Broadway within Allegheny County
for a theft. Upon arrival, [the] officers met with the store owner,
who informed [the officers] that one of the employees was
working at the register whe[n Appellant] purchased a water bottle.
[Appellant] then accused the victim of overcharging him and
reached into the register and took $800[.00]. [Appellant] then
fled the store and shoved the victim when the victim tried to stop
him.
Id. at 7 (addressing case no. CP-02-CR-0001294-2024/appeal no. 1311 WDA
2025).
[O]n or about December 25, 2023[,] at approximately 3:32
[a.m.], a store security system within a store located at 728
Broadway Avenue within Allegheny County, reported [that
Appellant committed] a break[-]in. He was wearing a
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brown[/]maroon jacket with fur on the hood, black pants, black
boots[,] and blue gloves. The video recorded [Appellant] coming
through the window and go[ing] into the cash register. [The]
estimate for the replacement of broken glass and the front door
[was] for $1,185[.00].
Id. at 6 (addressing case no. CP-02-CR-0001291-2024/appeal no. 1310 WDA
2025).
[O]n or about December 29, 2023, [McKees Rocks police] officers
were dispatched to a robbery at 911 Chartiers Avenue [] within
Allegheny County. Upon arrival, the officer[s] spoke with the
victim, who was an employee of the store who informed them that
[Appellant] entered the store and inquired about having his coat
cleaned. [Appellant] then walked behind the counter, showed the
victim a firearm under his jacket and grabbed money. [He left]
with $431[.00].
Id. at 5-6 (addressing case no. CP-02-CR-0001290-2024/appeal no. 1309
WDA 2025).
On or about December 30, 2003, [McKees Rocks police] officers
were dispatched to 713 Chartiers Avenue within Allegheny County
for a robbery in progress. The victim, the clerk of the store, did
not speak English so the officer spoke with the victim’s boss, who
was the store owner and who looked at the surveillance footage
of the robbery. The footage show[ed that Appellant]
approach[ed] the register and gesture[d] in his jacket that he had
a firearm. [Appellant] then proceeded to take money from the
register. [T]he total amount stolen was $2,681[.00].
Id. at 4-5 (addressing case no. CP-02-CR-0001289-2024/appeal no. 1308
WDA 2025).
[O]n or about December 31, 2023, [Stowe Township police]
officers were dispatched to the Galaxy Market at 801 Broadway
Street in Allegheny County to respond to a silent panic alarm.
[The o]fficers made contact with the victim who was an employee
at the market. The victim told the officers that the Galaxy Market
had been robbed. The officers were able to review [surveillance]
cameras [and] they identified the actor as [Appellant]. The victim
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described the robbery to the officers and said that [Appellant] had
pulled out what appeared to be a firearm and removed all the cash
from the register before leaving the store. In that [incident],
[Appellant] took $400[.00].
Id. at 7-8 (addressing case no. CP-02-CR-0001295-2024/appeal no. 1312
WDA 2025).
[O]n or about January 1, 2024, [Stowe Township police] officers
were dispatched to [the] Anytime Market at 730 Broadway Avenue
within Allegheny County. [The o]fficers were informed that there
was a male, later identified as [Appellant] currently in the store
that matched the description of the person who committed the
other strings of robberies. [The officers o]rdered [Appellant] out
of the store, arrested him[,] and recovered a firearm [from him].
[Afterwards, Appellant] confessed to the numerous robberies and
burglaries[.]
Id. at 8-9 (addressing case no. CP-02-CR-0001296-2024/appeal no. 1313
WDA 2025). The recovered firearm was a 22-caliber Taurus pistol, that was
determined to be operable. See id. at 9. As of the time the firearm was
recovered from him, Appellant did not have a license to carry firearms. See
id.
On April 21, 2025, Appellant appeared in court for a guilty plea hearing,
addressing all six of his underlying criminal matters. He pleaded guilty to
three counts of robbery in violation of 18 Pa.C.S. § 3701(a)(1)(iii) (CP-02-CR-
0001289-2024, CP-02-CR-0001290-2024, and CP-02-CR-0001295-2024),
and single counts of robbery in violation of 18 Pa.C.S. § 3701(a)(1)(v) (CP-
02-CR-0001294-2024), burglary in violation of 18 Pa.C.S. § 3502(a)(2) (CP-
02-CR-0001291-2024), and carrying a firearm without a license in violation of
18 Pa.C.S. § 6106(a)(2) (CP-02-CR-0001296-2024). See N.T. Guilty Plea
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Hearing, 4/21/25, 10-15. Although the parties did not agree on a particular
sentencing recommendation, the guilty pleas were partially negotiated in the
sense that the Commonwealth agreed to withdraw additional charges in
exchange for the entry of the guilty pleas.1 See id. at 2-4. At the start of the
plea hearing, the Commonwealth also sought and was granted a request to
amend the three robbery charges under 18 Pa.C.S. § 3701(a)(1)(iii), where
those charges were originally approved for trial as violations under 18 Pa.C.S.
§ 3701(a)(1)(ii), and sought and was granted a request to amend the section
6106(a)(2) firearms offense, where that first-degree misdemeanor charge
was originally approved for trial as a third-degree felony charge under 18
____________________________________________
1 The withdrawn charges included: (1) theft by unlawful taking (18 Pa.C.S. §
3921(a)), carrying a firearm without a license (18 Pa.C.S. § 6106(a)(1)),
possessing an instrument of crime (18 Pa.C.S. § 901(a)), and simple assault
(18 Pa.C.S. § 2701(a)(3)) at CP-02-CR-0001289-2024; (2) carrying a firearm
without a license (18 Pa.C.S. § 6106(a)(1)), theft by receiving stolen property
(18 Pa.C.S. § 3925(a)), and possession of a weapon (18 Pa.C.S. § 907(b)) at
CP-02-CR-0001290-2024; (3) criminal mischief by tampering with property
(18 Pa.C.S. § 3304(a)(2)) and loitering and prowling at night time (18 Pa.C.S.
§ 5506) at CP-02-CR-0001291-2024; (4) theft by unlawful taking (18 Pa.C.S.
§ 3921(a)) and simple assault (18 Pa.C.S. § 2701(a)(1)) at CP-02-CR-
0001294-2024; (5) carrying a firearm without a license (18 Pa.C.S. §
6106(a)(1)), terroristic threats (18 Pa.C.S. § 2706(a)(1)), and possession of
a weapon (18 Pa.C.S. § 907(b)); and (6) carrying a loaded weapon (18 Pa.C.S.
§ 6106.1(a)). See Order (sentencing), 9/18/25, 1 (CP-02-CR-0001289-
2024); Order (sentencing), 9/18/25, 1 (CP-02-CR-0001290-2024); Order
(sentencing) 9/18/25, 1 (CP-02-CR-0001291-2024); Order (sentencing)
9/18/25, 1 (CP-02-CR-0001294-2024); Order (sentencing) 9/18/25, 1 (CP-
02-CR-0001295-2024); Order (sentencing) 9/18/25, 1 (CP-02-CR-0001296-
2024).
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Pa.C.S. § 6106(a)(1).2 See N.T. Guilty Plea Hearing, 4/21/25, 2-3; Bills of
Information, 4/1/24 (CP-02-CR-0001289-2024); Bills of Information, 4/1/24
(CP-02-CR-0001290-2024); Bills of Information, 4/1/24 (CP-02-CR-0001296-
2024). The plea court deferred sentencing for the preparation of a pre-
sentence investigation report (“PSI”). See N.T. Guilty Plea Hearing, 4/21/25,
15.
On July 15, 2025, the plea court presided over a sentencing hearing.
Appellant’s counsel submitted letters of support to the court in lieu of
presenting witnesses for mitigation evidence. See N.T. Sentencing Hearing,
7/15/25, 3. Counsel downplayed the circumstances of Appellant’s offenses,
asserting that the cases did not involve “serious situations,” that the charges
did not “deserve to be first[-]degree felonies,” and that crimes were not
“traumatic for the people on the other end of it.” Id. at 3. In support,
Appellant’s counsel alleged that Appellant did not point a firearm “at anybody”
and “never yell[ed] at anybody.” Id. at 4. Counsel argued that the cases
were “the result of mental health issues.” Id.
As for mitigating factors, Appellant’s counsel asserted that: (1)
Appellant had been diagnosed with a generalized anxiety disorder and
____________________________________________
2 While the amendment of the robbery counts did not reflect a change in the
grade from the original robbery charges, the amended robbery charges carried
lowered offense gravity scores under the Sentencing Guidelines than the
original robbery charges. See 204 Pa. Code § 303.15 (7th ed., amend 6)
(offense list indicating an offense gravity score of ten for non-drug-related
robbery convictions under Section 3701(a)(1)(ii) and an offense gravity score
of nine for non-drug-related robbery convictions under Section
3701(a)(1)(iii)).
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depression; (2) Appellant’s mental state made it such that he “obviously was
not in his right mind” at the time of his crimes; (3) “from day one[, Appellant]
ha[d] been trying to admit what he did was wrong, [and] to apologize to the
other people”; (4) Appellant had been attending weekly therapy sessions
during the pendency of the criminal cases; (5) the letters submitted by counsel
reflected Appellant’s familial support or connections; and (6) Appellant
maintained steady employment since his arrest and desired to get a
commercial driver’s license “because he want[ed] to be sort of more
independent as a worker.” N.T. Sentencing Hearing, 7/15/25, 5-8. In an
allocution statement, Appellant expressed that he was sorry to the businesses
and families impacted by his crimes, characterized his crimes as “the biggest
mistake” of his life, and expressed that therapy was making him “a better
person.” Id. at 13-17.
The sentencing court expressed to Appellant during the allocution
statement that, while it found him to be remorseful, it also found that his
actions during his crimes were frightening, inexcusable, and unsettling:
THE COURT: [… T]his is not an easy thing to do because I do
believe that you are remorseful. I’m not really sure what was
going on with you during that time frame because there’s no
indication that there was drugs or alcohol, just robbing people,
and so even if you didn’t point the gun directly at anybody, even
to brandish it, you know, that’s very frightening.
[APPELLANT]: Absolutely.
THE COURT: Right?
[APPELLANT]: Right.
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THE COURT: And to just take from people who work hard every
day just trying to, you know, make it through their day-to-day
lives. So[,] I really don’t know what was going on with you during
that time. You haven’t said anything. Defense [counsel] hasn’t
[…] made any statements about what was happening to you
during that time, but, you know, there’s no excuse, not to say that
[] was an excuse for that, but, you know, it’s unsettling that you
would go from place to place and then go to another place twice,
you know, and damage property and take [sic].
N.T. Sentencing Hearing, 7/15/25, 15-16. At the conclusion of the allocution
statement, the court noted that, while it appreciated Appellant’s apology to
his victims, the faces of those victims present in the courtroom suggested that
they were not accepting his apology. See id. at 17 (the court: “I appreciate
your apology, but looking at the face of the victims, I don’t know that they’re
accepting it today.”).
After the court took a recess to review the defense exhibits for the
hearing, the court imposed an aggregate sentence of three to six years’
imprisonment, to be followed by three years’ probation. See N.T. Sentencing
Hearing, 7/15/25, 17-23. The aggregate term included: one to two years’
imprisonment, to be followed by three years’ probation for the robbery
conviction at CP-02-CR-0001289-2024; a consecutive term of one to two
years’ imprisonment and a concurrent term of three years’ probation for the
robbery conviction at CP-02-CR-0001290-2024; a concurrent terms of six to
twelve months’ imprisonment, to be followed by a concurrent three-year
probation term for the burglary conviction at CP-02-CR-0001291-2024; a
concurrent three-year probation term for the robbery conviction at CP-02-CR-
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0001294-2024; a consecutive term of one to two years’ imprisonment to be
followed by a concurrent three-year probation term for the robbery conviction
at CP-02-CR-0001295-2024; and a concurrent three-year probation term for
the firearms conviction at CP-02-CR-0001296-2024.3 See id. The court
explained that, while it accepted Appellant’s alleged remorsefulness, the
sentencing scheme was chosen to provide for “accountability for the conduct
that occurred when [Appellant] committed these robberies.” Id. at 18-19.
On July 23, 2025, Appellant timely filed post-sentence motions seeking
a modification of his sentence. See Post-Sentence Motion, 7/23/25, ¶¶ 1-6.
He stated that his aggregate term “was composed of low-standard range
sentences at each case, run mostly consecutive,” and sought reconsideration
based on the following assertions:
a. Consecutive sentences are especially harsh where the
defendant has accepted responsibility, avoided trial at six
different cases, pled guilty at the earliest opportunity, and
stipulated to restitution[;]
____________________________________________
3 All of the probation terms were designated to be concurrent with each other
and consecutive to the imprisonment terms. For the three counts of robbery
in violation of 18 Pa.C.S. § 3701(a)(1)(iii), which formed the aggregate
imprisonment term, the trial court imposed individual sentencing terms at the
bottom of the standard range recommended by the Sentencing Guidelines,
where the court did not apply any weapon enhancements: twelve to twenty-
four months’ imprisonment, plus or minus twelve months for aggravating or
mitigating circumstances. See 204 Pa. Code § 303.15 (7th ed., amend. 6)
(offense listing designating an offense gravity score of nine for non-drug-
related convictions of robbery under 18 Pa.C.S. § 3701(a)(1)(iii)); 204 Pa.
Code § 303.16(a) (7th ed., amend. 6) (basic sentencing matrix); N.T.
Sentencing Hearing, 7/15/25, 18 (court’s reference to Appellant’s prior record
score of zero).
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b. Standard range sentences, especially when run
consecutively, are longer than called for where the
defendant’s life and cases contain mitigating factors and
where the aggravating factors – here, the showing of a gun
during four of the cases – are already accounted for by the
charges and guidelines[; and]
c. The factors in the Sentencing Code, in Section 9721(b)
(Sentencing Generally), in Section 9722 (Order of
Probation), and in Section 9725 (Total Confinement) weigh
strongly in favor of a sentence of probation, rather than total
confinement.
Id. at ¶¶ 3-4(a)-(c). Appellant requested the court to modify his sentencing
scheme so that it would consist of “non-confinement” terms that would “run
concurrently.” Id. at ¶ 5. He also requested a hearing at which he intended
to “enlighten the court” as to how his “mental health issues contributed to the
charges.” Id. at ¶ 6. Along with his post-sentence motions, Appellant filed a
counseled brief, arguing, inter alia, that his crimes were influenced by “mental
illness [that] had [spiraled] out of control,” “financial difficulties,” a loss of
employment from a job at a CVS pharmacy, and a pending eviction from an
apartment at a time during which Appellant’s partner of seven years was
pregnant and then had a miscarriage in late 2023. See Post-Sentence Motions
Brief, 7/23/25, 11-15.
On September 18, 2025, the sentencing court presided over a hearing
on the post-sentence motions at which it rejected Appellant’s request for a
modification of his sentence but granted his separate request for eligibility for
boot camp placement. See Orders (post-sentence motions), 9/18/25, 1. In
denying the modification request, the court noted that Appellant already
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benefited from the charge amendments and charge withdrawals made in
connection with the entry of his guilty pleas, and, while the court appreciated
his acceptance of responsibility and the benefits to judicial economy resulting
from his guilty pleas, the sentencing scheme comprised of terms at the bottom
of the standard range recommended by the Sentencing Guidelines was
nevertheless appropriate. See N.T. Post-Sentence Motions Hearing, 9/18/25,
18-20. On the same date, the court issued new sentencing orders. See
Orders (amended sentencing orders), 9/18/25.
Appellant timely filed separate notices of appeal in each of his underlying
criminal matters.4 See Notices of Appeal, 10/16/25. Appellant and the
sentencing court have satisfied their obligations under Pennsylvania Rule of
Appellate Procedure 1925.5 See Orders (granting extension of time to file
____________________________________________
4 While the notices purported to initiate appeals from the judgments of
sentence imposed pursuant to the sentencing court’s July 15, 2025 orders, we
have sua sponte corrected the captions and dockets for these appeals to
reflect that the appeals properly lie from the judgments of sentence imposed
by the amended orders that the sentencing court issued on September 18,
2025. See Commonwealth v. Garzone, 993 A.2d 1245, 1254 & n.6 (Pa.
Super. 2010) (where the trial court amends the judgment of sentence during
the period it maintains jurisdiction, the direct appeal lies from the amended
judgment of sentence); see also Commonwealth v. Shamberger, 788 A.2d
408, 410 n.2 (Pa. Super. 2001) (en banc) (acknowledging corrected appellate
court caption when appellant misstated the proper order on appeal).
5 On July 14, 2026, the sentencing court granted a motion filed by Appellant
to supplement the record certified for this appeal to include the PSI which was
originally omitted in the record transmitted to this Court. See Motion to
Supplement Certified Record, 7/2/26; Order (granting motion to supplement
certified record), 7/14/26.
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Rule 1925(b) statement), 1/22/26; Rule 1925(b) Statement, 2/12/26;
Sentencing Court Opinion, 4/16/26.
Appellant presents the following question for our review:
Whether the [sentencing] court abused its sentencing discretion
by failing to consider all of the mandatory sentencing factors
under 42 Pa.C.S.[] § 9721(b) and 42 Pa.C.S.[] § 9725?
Appellant’s Brief, 14 (unnecessary capitalization and Roman numeral prompt
omitted).
Appellant challenges the discretionary aspects of his sentence, alleging
that the sentencing court “failed to consider all the factors in [42 Pa.C.S. §]
9721(b) and [42 Pa.C.S. §] 9725.” Appellant’s Brief, 28-30. With respect to
Section 9721(b), he refers us that statute’s requirement that a total
confinement sentence shall be “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.”
Appellant’s Brief, 27. With respect to Section 9725, he refers us to that
statute’s requirement that a court imposing a sentence of total confinement
must be
of the opinion that the total confinement of the defendant is
necessary because:
(1) there is undue risk that during a period of probation or partial
confinement the defendant will commit another crime;
(2) the defendant is in need of correctional treatment that can be
provided most effectively by his commitment to an institution; or
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(3) a lesser sentence will depreciate the seriousness of the crime
of the defendant.
Appellant’s Brief, 27, quoting 42 Pa.C.S. § 9725.
“[C]hallenges to the discretionary aspects of a sentencing do not entitle
an appellant to an appeal as a matter of right.” Commonwealth v. Hoyle,
337 A.3d 544, 574 (Pa. Super. 2025). This Court must first evaluate an
appellant’s discretionary sentencing challenge to determine if he has properly
invoked our jurisdiction:
We conduct a four-part analysis to determine: (1) whether
appellant has filed a timely notice of appeal, see Pa.R.A.P. 902
and 903; (2) whether the issue was properly preserved at
sentencing or in a motion to reconsider and modify sentence, see
Pa.R.Crim.P. 720; (3) whether appellant’s brief has a fatal defect,
[see] Pa.R.A.P. 2119(f); and (4) whether there is a substantial
question that the sentence appealed from is not appropriate under
the Sentencing Code, [see] 42 Pa.C.S. § 9781(b).
Id. (brackets and case citation omitted).
Here, Appellant timely filed notices of appeal within thirty days of the
sentencing court’s denial of his timely-filed post-sentence motions and the
sentencing court’s simultaneous issuance of new corrected sentencing orders.
See Pa.R.Crim.P. 720(A)(2)(a) (providing that “If the defendant files a timely
post-sentence motion, the notice of appeal of appeal shall be filed … within 30
days of the entry of the order deciding the motion[.]”). Moreover, we conclude
that he preserved his instant claim because he requested reconsideration of
his sentence in his post-sentence motion based on, inter alia, “[t]he factors in
the Sentencing Code,” including with reference to Sections 9721(b) and 9725,
and alleged that those factors “weigh[ed] strongly in favor of a sentence of
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probation, rather than total confinement.” Post-Sentence Motions, 7/23/25,
¶ 4(c). Lastly, we agree that Appellant has included a separate section in his
brief pursuant to Pennsylvania Rule of Appellate Procedure 2119(f). See
Appellant’s Brief, 26-30. We must now turn to the issue of whether Appellant
has raised a substantial question.
“The determination of what constitutes a substantial question must be
evaluated on a case-by-case basis.” Commonwealth v. Antidormi, 84 A.3d
736, 759 (Pa. Super. 2014). This Court will not look beyond the statement of
questions involved and the prefatory Rule 2119(f) statement to determine
whether a substantial question exists. See Commonwealth v. Reid, 323
A.3d 26, 30 (Pa. Super. 2024) (citation omitted). “A substantial question
exists only when the appellant advances a colorable argument that the
sentencing judge’s actions were 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. Lawrence, 313
A.3d 265, 285 (Pa. Super. 2024) (citation omitted).
Appellant’s lone basis for a substantial question is his allegation that the
sentencing court “failed to consider all the factors in Section 9721(b) and
Section 9725.” Appellant’s Brief, 29-30. In support of his assertion of a
substantial question, he cites opinions from our Court in Commonwealth v.
Johnson-Daniels, 167 A.3d 17 (Pa. Super. 2017), Commonwealth v.
Riggs, 63 A.3d 780 (Pa. Super. 2012), and Commonwealth v. Morgan, 258
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A.3d 1147 (Pa. Super. 2021).6 See Appellant’s Brief, 29. Upon reviewing the
cited opinions, we are unable to agree with Appellant that he has raised a
substantial question permitting us to proceed with substantive review of his
claim.
In the Johnson-Daniels and Riggs cases, the defendants at issue
raised substantial questions where they presented claims combining an
assertion of an excessive sentence with an assertion that the sentencing court
failed to consider statutory sentencing factors which are compulsory to review
under the Sentencing Code. In Johnson-Daniels, the defendant
simultaneously claimed that his aggregate imprisonment sentence was
“excessive” and that his sentence “violate[d] several specific goals of the
Sentencing Code,” specifically that his sentence did not “comport with the
protection of the public, gravity of the offense, and his rehabilitative needs,”
factors which we would agree are addressed in Section 9721(b). 167 A.3d at
26-27. Similarly, in Riggs, the defendant asserted a discretionary sentencing
claim with three subparts, two of which simultaneously alleged the imposition
of an “excessive” sentence and a failure to “take into account all relevant
sentencing criteria.” 63 A.3d at 785-86.
Our holdings concerning the existence of substantial questions in
Johnson-Daniels and Riggs are based on our legal conclusions that
____________________________________________
6 Appellant incorrectly cites to Morgan under the Atlantic reporter as
appearing at 158 A.3d 1147, rather than 258 A.3d 1147. See Appellant’s
Brief, 29.
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combined assertions of excessive sentences and the failure to consider
statutory sentencing factors raise substantial questions permitting us to
review the substantive merits of the combined multi-faceted claims. In
Johnson-Daniels, we cited our following opinions making that clear:
Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super.
2014) (holding that “an excessive sentence claim—in conjunction
with an assertion that the court failed to consider mitigating
factors—raises a substantial question.” (citing Commonwealth
v. Mouzon, [] 812 A.2d 617, 627 ([Pa.] 2002)); Commonwealth
v. Caldwell, 117 A.3d 763, 770 (Pa. Super. 2015) ) [(en banc)],
appeal denied, [] 126 A.3d 1282 ([Pa.] 2015 (concluding that
an “[a]ppellant’s challenge to the imposition of his consecutive
sentences as unduly excessive, together with his claim that the
court failed to consider his rehabilitative needs upon fashioning its
sentence, presents a substantial question.”).
Johnson-Daniels, 167 A.3d at 27 (footnote omitted).
In Riggs, we mentioned, as Appellant quotes, that the defendant raised
a substantial question where the defendant “argue[d] that the trial court failed
to consider relevant sentencing criteria” including the factors set forth in
Section 9721(b). Riggs, 63 A.3d at 786; Appellant’s Brief at 29. In that case,
however, Riggs’s claim for review combined an excessive sentence assertion
with an assertion that the sentencing court failed to consider statutory
sentencing factors. See Riggs, 63 A.3d at 785-86.
Johnson-Daniels and Riggs do not support the existence of a
substantial question in the instant case because Appellant’s Rule 2119(f)
statement does not present combined assertions of a failure to consider
statutory sentencing factors along with an excessive sentence claim. We have
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carefully reviewed Appellant’s Rule 2119(f) statement, and it fails to explicitly
assert that the underlying sentencing terms or the aggregate sentencing
scheme was excessive or manifestly unreasonable. Appellant’s failure to raise
a combination of an excessive sentence challenge with an assertion that the
sentencing court failed to consider statutory sentencing factors sets his claim
apart from the claims raised in Johnson-Daniels and Riggs. On that basis,
we find that Appellant has failed to raise a substantial question for our review.
See, e.g., Caldwell, 117 A.3d at 769 (stating that “ordinarily, a claim that
the sentencing court failed to consider or accord proper weight to a specific
sentencing factor does not raise a substantial question.”) (citation omitted;
emphasis in original); see also Commonwealth v. Reid, 323 A.3d 26, 30
(Pa. Super. 2024) (acknowledging that, while our jurisprudence on whether a
substantial question has been raised based on claims about the failure to
consider or adequately consider sentencing factors “has been less than a
model of clarity and consistency,” claims of inadequate consideration of
sentencing factors raise a substantial question where they are “raised in
conjunction with a general excessiveness claim or an excessiveness claim due
to the imposition of consecutive sentences”).
While Appellant additionally relies on our Morgan opinion for his
argument for the presentation of a substantial question, that case addresses
an altogether inapposite claim. In that case, the defendant sought
reconsideration after a resentencing proceeding after his original sentence was
found to be the result of the imposition of illegal mandatory minimum
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sentencing terms and, in the resentencing proceeding, the trial court
reimposed the same sentencing scheme it originally imposed. 258 A.3d at
1149-50. Morgan’s discretionary sentencing claim, which we found to raise a
substantial question, did not consist of just a lone assertion that the
sentencing court failed to consider statutory sentencing factors. See Morgan,
258 A.3d at 1157. Instead, that claim included two to three separate
subparts, in which Morgan asserted that “the court essentially continued to
impose the illegal ten-year mandatory minimum sentence and failed to
consider the factors enumerated in 42 Pa.C.S. §§ 9721(b) and 9725 or order
a new presentence investigation report.” Morgan, 258 A.3d at 1157
(emphasis added). As the instant case does not present us with a similar
instance of a discretionary sentencing claim raised in the context of a
resentencing proceeding or a combination of sentencing arguments beyond
just the failure to consider the sentencing factors in Sections 9721(b) and
9725, we disagree with Appellant that our opinion in Morgan supports the
existence in this case of a substantial question.
Alleging that his sentence was excessive in combination with his
assertion that the sentencing court failed to consider the sentencing factors in
Sections 9721(b) and 9725 was an extremely low threshold for Appellant to
establish a substantial question for our review under our existing caselaw.
The instant claim presented in Appellant’s Rule 2119(f) statement, however,
falls below that threshold. Appellant’s failure to explicitly raise a combined
excessive sentence claim together with his claim of inadequate consideration
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of statutory factors requires us to decline to review the substantive merits of
his discretionary sentencing claim. See Commonwealth v. Neafie, 341 A.3d
813, 817-18 (Pa. Super. 2025) (noting that we will only proceed with
substantive review of a discretionary sentencing claim where an appellant,
inter alia, presents a substantial question that the sentence appealed from is
not appropriate under the Sentencing Code or sentencing norms).
Judgments of sentence affirmed.
Judge Olson did not participate in the consideration or decision of this
case.
DATE: 10/27/2026
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