285 Pa. Super. 305 - Commonwealth v. Bryner’s Empirical Analysis

Citation profile

26 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is settled that the imposition of a proper sentence is a matter vested in the sound discretion of the sentencing judge. Commonwealth v. Valentin, 259 Pa.Super. 496 , 393 A.2d 935 (1978). In exercising this discretion, however, the judge must rely on full and accurate information and must state on the record the reasons for the Sentences imposed. Commonwealth v. Riggins, [ 474 Pa. 115 , 377 A.2d 140 (1977) ]; Commonwealth v. Wicks, 265 Pa.Super. 305 , 401 A.2d 1223 (1979). This statement of reasons must show that in imposing sentence, the judge attached weight to the factors set forth in the statutory guidelines for sentencing, and carefully considered the facts concerning the circumstances of the offense and the character of the defendant. Commonwealth v. Wicks, supra. If the sentencing judge fails to state the reasons for the sentences on the record, we will vacate the sen tences and remand for resentencing. See Commonwealth v. Young, [ 272 Pa.Super. 82 , 414 A.2d 679 (1979)]; Commonwealth v. Wicks, supra. Commonwealth v. Maxwell, 280 Pa.Super. 235, 242 , 421 A.2d 699, 703 (1980).””

   2 later decisions quote this exact passage
   e.g. 322 Pa. Super. 110 - Commonwealth v. McDonald · 326 Pa. Super. 304 - Commonwealth v. Holler

2. “(1) 42 Pa.C.S. § 9721(a): “In determining the sentence to be imposed the court shall . . . consider and select one or more of the following alternatives . . . . ” (emphasis added) (1) an order of probation (2) a determination of guilt without further penalty (3) partial confinement (4) total confinement (5) a fine (2) 42 Pa.C.S. § 9721(b): The sentence must be imposed for the minimum amount of “confinement that is consistent with the protection of the public, the gravity of the offense . . . and the rehabilitative needs of the defendant . . . . ” (3) 42 Pa.C.S. § 9721(b): 4 “The court shall make as a part of the record, and disclose in open court at the time of sentencing, a statement of the reason or reasons for the sentence imposed.” (4) Pa.R.Cr.P. 1403(A)(2): “The sentencing judge shall place on the record his reasons for dispensing with the pre-sentence investigation report in any of the following instances: (a) where incarceration for one year or more is a possible disposition under the applicable statutes . . .. ””

   2 later decisions quote this exact passage
   e.g. 294 Pa. Super. 599 - Commonwealth v. Kraft · 287 Pa. Super. 53 - Commonwealth v. Walters

3. ““ ‘Testimony . . . cannot constitute a statement of reasons; they rather constitute only the beginning of the process by which the court formulates its statement of reasons.’ (Emphasis in original) Commonwealth v. Wicks, supra, 265 Pa.Super. at 313-14 , 401 A.2d at 1227 285 Pa.Super. at 309, n. 2 , 427 A.2d 238 , n. 2.”

   2 later decisions quote this exact passage
   e.g. 287 Pa. Super. 53 - Commonwealth v. Walters · 299 Pa. Super. 529 - Commonwealth v. Evans