42 Pa. C.S. § 9781

Current through P.A. Acts 2021-52
Section 9781 - Appellate review of sentence
(a) Right to appealThe defendant or the Commonwealth may appeal as of right the legality of the sentence.
(b) Allowance of appealThe defendant or the Commonwealth may file a petition for allowance of appeal of the discretionary aspects of a sentence for a felony or a misdemeanor to the appellate court that has initial jurisdiction for such appeals. Allowance of appeal may be granted at the discretion of the appellate court where it appears that there is a substantial question that the sentence imposed is not appropriate under this chapter.
(c) Determination on appealThe appellate court shall vacate the sentence and remand the case to the sentencing court with instructions if it finds:
(1) the sentencing court purported to sentence within the sentencing guidelines but applied the guidelines erroneously;
(2) the sentencing court sentenced within the sentencing guidelines but the case involves circumstances where the application of the guidelines would be clearly unreasonable; or
(3) the sentencing court sentenced outside the sentencing guidelines and the sentence is unreasonable.

In all other cases the appellate court shall affirm the sentence imposed by the sentencing court.

(d) Review of recordIn reviewing the record the appellate court shall have regard for:
(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.
(e) Right to bail not enlarged.Nothing in this chapter shall be construed to enlarge the defendant's right to bail pending appeal.
(f) Limitation on additional appellate reviewNo appeal of the discretionary aspects of the sentence shall be permitted beyond the appellate court that has initial jurisdiction for such appeals.
(g) Repealed. Act 1980, Oct. 5, P.L. 693, No. 142, § 330, effective in 60 days.

42 Pa.C.S. § 9781

1978, Nov. 26, P.L. 1316, No. 319, § 3, effective Jan. 1, 1979. Renumbered from 18 Pa.C.S. § 1386 by 1980, Oct. 5, P.L. 693, No. 142, § 401(a), effective in 60 days.