J-A29018-22 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : FELIPE VAZQUEZ : : Appellant : No. 1123 WDA 2021 Appeal from the Judgment of Sentence Entered August 17, 2021 In the Court of Common Pleas of Westmoreland County Criminal Division at No(s): CP-65-CR-0005098-2019 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : FELIPE VAZQUEZ : : Appellant : No. 1124 WDA 2021 Appeal from the Judgment of Sentence Entered August 20, 2021 In the Court of Common Pleas of Westmoreland County Criminal Division at No(s): CP-65-CR-0005102-2019 BEFORE: BENDER, P.J.E., OLSON, J., and KUNSELMAN, J. MEMORANDUM BY OLSON, J.: FILED: MARCH 13, 2023 In this consolidated appeal, Appellant, Felipe Vazquez, appeals from the August 17, 2021 judgment of sentence entered in the Court of Common Pleas of Westmoreland County at trial court docket number CP-65-CR-0005098-2019 (“5098-CR-2019”), as well as the August 20, 2021 amended judgment of sentence entered in the Court of Common Pleas of Westmoreland County at trial court docket number CP-65-CR-0005102-2019 J-A29018-22 (“5102-CR-2019”).1 A jury convicted Appellant of corruption of minor – defendant age 18 years and above (Count 1) and sexual abuse of a child – child pornography (Counts 2 to 11) at 5098-CR-2019.2 At 5102-CR-2019, the jury convicted Appellant of statutory sexual assault – complainant under the age of 16, defendant 11 or more years older than complainant (Count 1), unlawful contact with minor (sexual offenses) (Count 2), corruption of minor (sexual offenses) – defendant age 18 years and above (Count 3), and indecent assault – complainant less than 16 years old.3 The trial court imposed an aggregate sentence of two to four years’ incarceration followed by two years’ probation. We affirm. The record demonstrates that, at 5102-CR-2019, Appellant was charged with the aforementioned criminal offenses based on a sexual encounter ____________________________________________ 1 The original judgment of sentence docketed at 5102-CR-2019 was entered on August 17, 2021. On August 20, 2021, the trial court amended its August 17, 2017 sentencing order docketed at 5102-CR-2019, vacating a portion of the original sentencing order that amended Count 3 (corruption of minor) of the criminal information from a third-degree felony (18 Pa.C.S.A. § 6301(a)(1)(ii)) to a first-degree misdemeanor (18 Pa.C.S.A. § 6301(a)(1)(i)). Compare Sentencing Order, 8/20/21, with Sentencing Order, 8/17/21. The amended sentencing order docketed at 5102-CR-2019 on August 20, 2021, now accurately reflects that, at Count 3, Appellant was convicted of, and sentenced for, corruption of minor – defendant age 18 years and above, a third-degree felony, pursuant to 18 Pa.C.S.A. § 6301(a)(1)(ii). 2 18 Pa.C.S.A. §§ 6301(a)(1)(i) and 6312(d), respectively. Appellant was found not guilty of unlawful contact with minor (sexual offenses) (Counts 12 to 21), 18 Pa.C.S.A. § 6318(a)(1). 3 18 Pa.C.S.A. §§ 3122.1(b), 6318(a)(1), 6301(a)(1)(ii), and 3126(a)(8), respectively. -2- J-A29018-22 Appellant had on August 21, 2017 with a then-thirteen-year-old female victim in Westmoreland County, Pennsylvania.4 Appellant’s criminal charges at 5098-CR-2019 stemmed from improper …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals