J -S30029-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF PENNSYLVANIA v. GERMAN SOTO-MORENO, Appellant. : No. 3072 EDA 2018 Appeal from the Judgment of Sentence Entered, September 12, 2018, in the Court of Common Pleas of Chester County, Criminal Division at No(s): CP-15-CR-0000423-2017, CP-15-CR-0000424-2017. BEFORE: PANELLA, P.J., KUNSELMAN, J., and MUSMANNO, J. MEMORANDUM BY KUNSELMAN, J.: FILED AUGUST 09, 2019 German Soto Moreno appeals from the judgment of sentence imposed following his conviction of multiple counts of burglary' and related offenses. Additionally, Moreno's counsel has filed a petition to withdraw as counsel and an accompanying brief pursuant to Anders v. California, 386 U.S. 738, 744 (1967). We grant counsel's petition, and affirm Moreno's judgment of sentence. Between August and September of 2016, several burglaries occurred at modular or trailer -style residences in Chester County, Pennsylvania, which were occupied by low-income, migrant farmworkers of Hispanic descent. In ' 18 Pa.C.S. ยง 3502(a)(2). J -S30029-19 each instance, the burglar entered the premises while the occupants were out working in the local mushroom industry, and stole jewelry, religious objects, and U.S. currency.2 Police discovered that several of the stolen items had been sold to pawn shops in Wilmington, Delaware. Surveillance video from one of the pawn shops revealed that Moreno, using a fraudulent U.S. permanent resident card,3 pawned the stolen items. During an interview with police, Moreno confessed to committing the crimes. Police arrested Moreno and charged him with multiple counts of burglary at two separate docket numbers. On March 26, 2018, Moreno entered an open guilty plea to one count of burglary at docket number CP-15-CR-423- 2017, and six counts of burglary at docket number CP-15-CR-424-2017.4 All of the convictions were graded as first -degree felonies. On June 13, 2018, the trial court sentenced Moreno to five to twenty years of imprisonment for the single count of burglary at 423-2017. At 424-2017, the trial court 2Because of their immigration status, these types of victims generally avoid using banking institutions, and sometimes keep large amounts of U.S. currency in their residences. 3Moreno is a Mexican citizen who is not lawfully in this country. He has been deported twice, and each time he has returned illegally back into this country. 4 At the time of the burglaries, Moreno was serving a term of parole for prior residential burglary convictions at four other docket numbers: CR-1158-2015; CR-1205-2013; CR-3233-2013; and CR-2743-2013. The trial court revoked his parole at those docket numbers, and reinstated probationary sentences on his prior convictions. -2 J -S30029-19 sentenced Moreno to ten to twenty years of imprisonment for each of the six counts of burglary, to be served concurrently with each other and consecutively to the sentence imposed at 423-2017. Moreno filed a motion for reconsideration of sentence, which resulted in the reduction of his sentence at 423-2017 to three to twenty years of imprisonment. Moreno filed a second motion for reconsideration of sentence, which resulted in the further reduction of his ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals