Com. v. Raleigh, K.
CourtSuperior Court of Pennsylvania
Date FiledOctober 26, 2026
Docket134 MDA 2026
JudgeStabile
StatusUnpublished
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Full Opinion
J-A20029-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
KENDILL ANTHONY RALEIGH :
:
Appellant : No. 134 MDA 2026
Appeal from the Judgment of Sentence Entered August 27, 2025
In the Court of Common Pleas of Franklin County
Criminal Division at No: CP-28-CR-0000732-2024
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
KENDILL ANTHONY RALEIGH :
:
Appellant : No. 135 MDA 2026
Appeal from the Judgment of Sentence Entered August 27, 2025
In the Court of Common Pleas of Franklin County
Criminal Division at No: CP-28-CR-0000731-2024
BEFORE: LAZARUS, P.J., STABILE, J., and BENDER, P.J.E.
MEMORANDUM BY STABILE, J.: FILED: OCTOBER 26, 2026
These consolidated appeals concern the discretionary aspects of the
sentences imposed upon Appellant, Kendill Anthony Raleigh. In 2025,
Appellant pleaded guilty to one count each of simple assault and aggravated
assault. As to the simple assault count, the Court of Common Pleas of Franklin
County (trial court) sentenced Appellant to a prison term of one to two years;
as to the aggravated assault count, Appellant was sentenced to a consecutive
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term of four to 10 years. He now argues that the trial court abused its
discretion in imposing a sentence in the aggravated range as to the simple
assault count, and in declining to impose a sentence in the mitigated range of
the statutory sentencing guidelines as to the aggravated assault count. We
affirm.
The facts are undisputed. Surveillance video footage of an incident on
May 12, 2024, showed Appellant jumping out from behind some bushes to
attack a juvenile victim.1 Appellant and two other individuals repeatedly
punched and kicked the victim, even after he had fallen to the ground and lost
consciousness. The victim’s pants and underwear were then removed, and
Appellant dragged him into the street.
Police later discovered the victim crying, naked, and bleeding from head
injuries near where the attack occurred. Appellant was identified by his
parents when police showed them the surveillance video, and Appellant was
soon arrested when police discovered him hiding in his grandfather’s camper,
located in Maryland. Appellant explained that he was retaliating for an earlier
attack perpetrated against him by the victim.
The remaining offense, simple assault, took place about a month before
the aggravated assault on May 12, 2024. In that earlier matter, Appellant
struck a female victim (his former girlfriend) in the face, causing a black eye
____________________________________________
1 Appellant was 18 years old at the time of this offense.
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and a cut on the victim’s cheek. The two cases were consolidated for purposes
of sentencing.
Prior to the disposition of both cases, Appellant sought and obtained the
appointment of mitigation experts, Dr. Corie Hammers and Dr. Natalie Drozda.
Dr. Hammers prepared a pre-sentence social history report, which
incorporated the findings in the biopsychosocial mental health and substance
use evaluation prepared by Dr. Drozda. These materials were, in turn, cited
in Appellant’s pre-sentence memorandum, in which he requested the trial
court to impose a downward departure sentence in both of his cases. See
Pre-Sentence Memorandum, 8/20/2025. The memorandum also included a
letter to the trial court from Appellant’s step-mother, Vanessa Persaud, in
which she attested to Appellant’s background and good character. The trial
court ordered a pre-sentence investigation report (PSI).
Appellant was sentenced, as outlined above, to an aggregate prison
term of five to 12 years. At the sentencing hearing the trial court enumerated
the materials that had been considered when fashioning the sentence. These
materials included the reports submitted by Appellant’s mitigation experts,
the memorandum prepared by defense counsel, and the PSI. See Sentencing
Hearing, 8/27/2025, at 37. Additionally, the trial court explicitly took into
account the mitigation evidence presented on Appellant’s behalf, including the
circumstances of his difficult upbringing. See id. The trial court nevertheless
concluded that mitigation was not warranted. See id.
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Appellant timely filed a post-sentence motion, contending that the trial
court failed to give an adequate reason for sentencing him on the simple
assault count above the standard range, and in failing to consider mitigating
factors as to both counts. See Post-Sentence Motion, at paras. 11-21. The
motion was denied by operation of law. See Court Order, 1/8/2026.
In his brief, Appellant now raises the following two issues, both of which
implicate the discretionary aspects of his sentences:
1. At Docket 732-2025, Simple Assault, did the [trial court] err in
sentencing Appellant in the aggravated range of the sentencing
guidelines without the support of adequate aggravating
circumstances on the record?
2. At Docket 731-2025, Aggravated Assault, did the [trial court]
err in failing to sentence Appellant in the mitigated range of the
sentencing guidelines considering the mitigating factors presented
to the Court, in conjunction with the sentencing factors pursuant
to 42 Pa.C.S. § 9701?
Appellant’s Brief, at 4 (suggested answers omitted).
Appellant’s first claim is that the trial court abused its discretion in
sentencing him on the simple assault count to a prison term in the aggravated
range of the statutory guidelines (one to two years).2 Appellant argues that
the record does not support a finding of any aggravating factors as to that
offense. See Appellant’s Brief, at 11.
____________________________________________
2 The standard range of the sentencing guidelines on the simple assault count
was a term of six to nine months.
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“Challenges to the discretionary aspects of sentencing do not entitle an
appellant to review as of right.” Commonwealth v. Moury, 992 A.2d 162,
170 (Pa. Super. 2010). To establish whether this Court has jurisdiction to
address the merits of such claims, we must first determine:
(1) whether the appeal is timely; (2) whether [a]ppellant
preserved his issue; (3) whether [a]ppellant's brief includes a
concise statement of the reasons relied upon for allowance of
appeal with respect to the discretionary aspects of sentence [in
accordance with 2119(f)]; and (4) whether the concise statement
raises a substantial question that the sentence is appropriate under
the sentencing code . . . [I]f the appeal satisfies each of these four
requirements, we will then proceed to decide the substantive
merits of the case.
Commonwealth v. Colon, 102 A.3d 1033, 1042-43 (Pa. Super. 2014)
(quoting Commonwealth v. Austin, 66 A.3d 798, 808 (Pa. Super. 2013))
(citations 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. Sexton, 222 A.3d 405, 420 (Pa. Super. 2019) (quoting
Commonwealth v. Glass, 50 A.3d 720, 727 (Pa. Super. 2012)).
In these consolidated cases, notices of appeal were timely filed; as was
Appellant’s post-sentence motion claiming an abuse of the trial court’s
discretion in imposing an aggravated range sentence as to the simple assault
count and in declining to impose a below-guidelines range sentence as to the
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aggravated assault count. See Motion for Post-Sentence Relief, 9/8/2025, at
paras. 11-21. Appellant’s brief contains a 2119(f) statement giving the
reasons relied upon for allowance of appeal. See Appellant’s Brief, at 6-7.
As to the simple assault count, Appellant argues that the contents of
neither the trial court’s reasons for the sentence, nor the record, justify a
sentence within the aggravated range of the sentencing guidelines. This issue,
as the Commonwealth concedes, raises a substantial question. See
Commonwealth’s Brief, at 7; see also Commonwealth v. Booze, 953 A.2d
1263, 1278 (Pa. Super. 2008) (“[A]n allegation that the court failed to state
adequate reasons on the record for imposing an aggravated-range sentence
. . . raises a substantial question[.]”).
Turning to the merits of Appellant’s first claim, we find that no relief is
due. “Sentencing is a matter vested in the sound discretion of the sentencing
judge, and a sentence will not be disturbed on appeal absent a manifest abuse
of discretion.” Commonwealth v. Lawrence, 313 A.3d 265, 285 (Pa. Super.
2024) (citation omitted). To establish an abuse of discretion in this context,
an appellant must demonstrate from 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.” Id.
A sentence that goes above or below the statutory guidelines will be
vacated if the sentence is “unreasonable.” 42 Pa.C.S.A. § 9781(c)(3). “In all
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other cases the appellate court shall affirm the sentence imposed by the
sentencing court.” Id. A sentence is unreasonable if it was imposed “without
express or implicit consideration” of the factors outlined in [42 Pa.C.S.A. §
9721(b)].”
A sentencing court must take into account “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.A. § 9721(b). It is only necessary for the sentencing court to consider
the Sentencing Guidelines, as they are not mandatory, and do not prohibit
any sentence within the statutory maximum. See Moury, 992 A.2d at 171.
Moreover, on review of the discretionary aspects of a sentence, this
Court must consider:
(1) The nature and circumstances of the offense and the history
and characteristics of the defendant.
(2) The opportunity of the sentencing court to observe the
defendant, including any presentence investigation.
(3) The findings upon which the sentence was based.
(4) The guidelines promulgated by the commission.
42 Pa.C.S.A. § 9781(d).
The sentencing court must state its reasons for the sentence on the
record. See 42 Pa.C.S.A. § 9721(b). However, where the sentencing judge
has reviewed a PSI, it will be presumed that the judge was aware of the
relevant information regarding the defendant's character and weighed those
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considerations. See Commonwealth v. Burns, 765 A.2d 1144, 1150-1151
(Pa. Super. 2000) (citations omitted). That is, by referring to a PSI report,
the sentencing judge may satisfy the requirement that the reasons for
imposing sentence must be placed on the record. See id.; see also
Commonwealth v. Boyer, 856 A.2d 149, 154 (Pa. Super. 2004).
Here, the record reflects that the trial court reviewed the PSI multiple
times prior to imposing sentence. See N.T. Sentencing Hearing, 8/27/2025,
at 37; see also Trial Court Opinion, 2/24/2026, at 8-12. By doing so, a
presumption arises that the trial court properly weighed all relevant
sentencing factors. See Burns, 765 A.2d 1151; Boyer, 856 A.2d at 154.
Although the trial court did not expressly articulate the reasons for imposing
an aggravated sentence on the simple assault count, the trial court did make
it clear that all the relevant evidence and sentencing factors had been
considered. See N.T. Sentencing Hearing, 8/27/2025, at 37-40. The
sentence appears to be reasonable, and it within the statutory maximum term
that could legally be imposed. Thus, Appellant’s first claim has no merit.
Appellant’s second claim is the trial court abused its discretion by failing
to consider mitigating factors when imposing a standard-range sentence on
the aggravated assault count. See Appellant’s Brief, at 11.
Here again, Appellant has raised a substantial question, as the
Commonwealth once more concedes. See Commonwealth v. Reid, 323
A.3d 26, 30 (Pa. Super. 2024). On the merits, this second claim fails for much
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the same reason as the first. The trial court’s review of the PSI in this case
establishes that all relevant sentencing factors were sufficiently considered.
See Burns, 765 A.2d 1151; Boyer, 856 A.2d at 154.
Even had the trial court not reviewed the PSI, it thoroughly recounted
its reasons for imposing a standard (and not mitigated) range sentence as to
the aggravated assault count:
In imposing this sentence and fashioning it I have read and reread
the Franklin County Adult Probation Presentence Report.
I’ve read the presentence memorandum prepared by counsel for
[Appellant].
I’ve read the mitigation, Mr. Persaud’s letter to me and the
presentence social history report prepared by Dr. Hammers and
the attachments thereto, and I am focusing on those sentencing
factors that Attorney Stottlemyer lists in his memorandum,
protection of the public, gravity of the offense, rehabilitation
needs, and I’m keeping all those in mind for this sentence.
I appreciate the childhood and adolescence that you described to
Dr. Hammers. It’s tragic. It’s harrowing. If half the things in there
are true, I can completely understand how this happened and how
you had the mindset to let this happen, but one thing it doesn’t
do for me, [Appellant], is convince me that this case deserves
mitigation, alright. I understand those things that happened in
your past, but these are decisions that you made that put you
here, and you’ve got some good examples in your family . . . .
and your father, I appreciated him coming in here today because
the impression that I got from him from Dr. Hammers’ report was
pretty ugly, and if he’s telling me the truth about how he’s
managed to pull his life together now 12 years after he’s been
released from incarceration and he’s a business owner who is
making his way in the world and he’s got his head on straight and
he’s counseling you not to be violent, not to be vengeful and to
maybe let some things roll off your back, then he could be a good
example for you too, and I hope he’s there for you[.]
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[B]ut, like I said, this case does not call out for a mitigation,
and I find it personally offensive that I have to consider putting a
19 year old . . . in a state correctional institution for as long as
you’re going to have to go, but you’re going to have to go because
the way I see this and I’m not going to lay this at juvenile
probation because I know they are good people, that they do good
jobs but there has been an impression that hasn’t been made on
you at some point about what we can tolerate in society, and I
understand that you may have been attacked before and that this
was some sort of revenge action taken by you, but if I were to
play that video in here right now I am sure that people would be
calling for your blood. That made a real impression on me, so
you are going to have—you are in need of rehabilitation and
it’s going to take, I think, you know, if what you told Dr.
Hammers about what you’re doing in jail now and what I
read in the reports from jail about the things that you’re
doing and what you told me this morning, I think you’re off
to a good start, but it’s going to take some years for you to
get the therapy, treatment, whatever you want to call it so
that you’re ready to return to society.
I agree with Ms. Persaud maybe you’re not a menace to society
but the actions that you took that day, I cannot let that
slide. I cannot do that in conscience. The actions that you took
against . . . the victim in the simple assault case, all this just
amplifies that and because I am focusing on the gravity of the
offense, which is horrific as [the Commonwealth] told us about as
what’s clearly displayed in probably one of the most—well, let’s
just say I can’t ever recall in my career on the bench having the
worst things about what I read in the affidavit of probable cause
displayed on a screen, it actually happened, you know, it actually
happened. There wasn’t any embellishment or anything else. It
was ugly as hell, and I cannot let that go. It stuck with me
since last year[.]
N.T. Sentencing Hearing, 8/27/2025, at 37-40 (emphasis and indentations
added).
The above explanation, given by the trial court on the record, indicates
that the trial court acted within its discretion in declining to sentence Appellant
in the mitigated range of the sentencing guidelines on the aggravated assault
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count. The trial court found the mitigation evidence not to be compelling in
light of the nature and circumstances of the crime, the statutory sentencing
guidelines, the history and characteristics of Appellant; and the trial court’s
findings. See id. The trial court further considered 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 Appellant’s rehabilitative needs. See id.
Appellant’s mitigation evidence was found not to outweigh those
considerations. We therefore find no legal or factual basis to overturn the trial
court’s reasonable and discretionary sentencing decisions. Thus, Appellant’s
second claim has no merit, and both of his judgments of sentence must be
upheld.
Judgments of sentence affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 10/26/2026
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