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Commonwealth v. Edrington

Judgment of sentence vacated because court failed to sentence defendant to mandatory minimum of 25 years following defendant's guilty plea to his third violent offense; Commonwealth's failure to file a Rule 1925(b) statement did not render its issue waived for purposes of appeal because the legality of defendant's sentence was an issue that could be raised sua sponte by appellate court.

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OPINION

� 1 The Commonwealth asks us to determine whether the trial court erroneously failed to sentence Appellee/Cross-Appellant, Thomas Lee Edrington, to the mandatory minimum sentence of twenty-five years pursuant to 42 Pa.C.S.A � 9714, following a guilty plea to his third violent offense. We hold that the Commonwealth’s issue challenging the legality of Edrington’s sentence is cognizable on appeal, despite the Commonwealth’s failure to file the ordered Rule 1925(b) Concise Statement of Matters Complained of on Appeal. We further hold that the trial court erred when it refused to apply the mandatory sentencing provision of Section 9714(a)(2) after Edrington pled guilty to his third violent offense. Accordingly, we vacate Edrington’s judgment of sentence and remand for resentencing.

� 2 Edrington’s cross-appeal in this case asks us to determine whether the trial court erred when it sentenced him to ten to twenty years’ incarceration on his aggravated assault conviction, without reference to the sentencing guidelines. We hold that we lack jurisdiction to grant or deny allowance of appeal as to the discretionary aspects of his sentence, because Edrington failed to file a timely notice of appeal. Accordingly, we dismiss Edrington’s cross-appeal as untimely.

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