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Commonwealth v. Reeves

Defendant's appeal dismissed because defendant failed to preserve, by raising it on the record, his sentencing claim regarding the court's failure to state, on the record, the reasons for defendant's sentence; case remanded for resentencing on Commonwealth's cross-appeal because the sentencing court erred in failing to impose the mandatory minimum sentence of five years.

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J-S27018-01

� 1 Joseph Anthony Reeves and the Commonwealth have filed separate appeals from the judgment of sentence entered in the Court of Common Pleas of Susquehanna County following Reeves’ guilty plea to the charge of criminal conspiracy to commit robbery. *fn2 On appeal, Reeves contends that the sentencing court abused its discretion in failing to state its reasons on the record for sentencing him within the aggravated range. In its cross- appeal, the Commonwealth alleges that the sentencing court erred in failing to impose a mandatory minimum sentence of five years as is prescribed by 42 Pa.C.S.A. � 9712. We vacate Reeves’ judgment of sentence and remand for resentencing in accordance with Section 9712.

� 2 The relevant facts and procedural history are as follows: Reeves was arrested and charged with various offenses in connection with a robbery at the Pump-N-Pantry *fn3 in Bridgewater Township, Susquehanna County. On September 5, 2000, Reeves pleaded guilty to criminal conspiracy to commit robbery, and, following a hearing held on September 13, 2000, Reeves was sentenced to, inter alia, twenty-five months to fifty months in prison. On September 22, 2000, Reeves filed a post-sentence motion seeking reconsideration of his sentence, and the motion was denied on that same date. The Commonwealth and Reeves both filed an appeal to this Court.

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