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Commonwealth v. Hernandez

Sentence reversed and remanded because trial court abused its discretion in re-sentencing defendant to a higher aggregate sentence without articulating a reason for its upward increase; counsel's petition to withdraw pursuant to Anders denied because defendant's issue was not frivolous.

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OPINION

� 1 Ceferino Hernandez appeals the judgment of sentence of eight to twenty-seven years imprisonment imposed following his November 20, 2000 re-sentencing. Appellant was originally sentenced to eleven to twenty-two years imprisonment following his October 5, 2000 conviction at a non-jury trial. Appellate counsel has filed a brief and petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). We are constrained to deny counsel’s petition and reverse and remand for re-sentencing.

� 2 The record reveals the following pertinent facts. On March 24, 2000, Appellant attacked his former girlfriend, Z.C., at her residence. Appellant punched her in the face, dragged her by her hair to his taxi cab, and drove away. The victim was held hostage in the taxi cab, and Appellant stated he was going to kill her and himself. The victim yelled from the passenger side window of the taxi cab for help. Several police officers chased Appellant for fifteen miles. The victim threw herself from the moving vehicle as it was traveling at approximately fifty miles per hour. Appellant was arrested shortly thereafter.

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