Opinion
J-S33007-17 No. 1590 MDA 2016
07-12-2017
COMMONWEALTH OF PENNSYLVANIA, Appellee v. ALAN ORTIZ, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P 65.37
Appeal from the Judgment of Sentence Entered August 8, 2016 in the Court of Common Pleas of Berks County
Criminal Division at No(s): CP-06-CR-0005948-2014 BEFORE: BENDER, OTT, and STRASSBURGER, JJ. CONCURRING AND DISSENTING MEMORANDUM BY STRASSBURGER, J.:
Retired Senior Judge assigned to the Superior Court. --------
I agree with the learned Majority that the evidence was sufficient to support Appellant's convictions for multiple counts of aggravated assault. However, I believe that the imposition of consecutive terms of imprisonment is manifestly excessive under the circumstances presented here, and constitutes an abuse of the trial court's discretion. See e.g. Commonwealth v. Zirkle , 107 A.3d 127, 134 (Pa. Super. 2014) (Strassburger, J., dissenting) (expressing concern about the "nearly unfettered discretion given to trial courts in imposing consecutive or concurrent sentences"). I am cognizant that Appellant herein was convicted of crimes against police officers and in no way condone this behavior. Nonetheless, I am troubled by the imposition of what is tantamount to a life sentence where Appellant did not cause actual injury to any of the victims. Thus, because I believe the imposition of consecutive sentences to be an abuse of discretion in light of the criminal conduct at issue, I would vacate his judgment of sentence and remand for resentencing.