In this case, our client was initially sentenced to thirty to sixty years years’ incarceration for attempted murder and firearms charges. The sentence contained a maximum sentence for attempted murder of twenty to forty years. However, that sentence was illegal because no serious bodily injury happened in this case. None of our client’s prior lawyers identified this issue so it was never litigated until we were retained. Since over a decade had passed since our client had been sentenced, PCRA litigation raising this issue was deemed untimely. Ms. Hockensmith and Mr. Mosser then filed a complex motion to modify the sentence, and the District Attorney’s Office agreed that our client should be resentenced such that the illegal sentence would be removed. At the sentencing hearing, the Commonwealth again argued for a lengthy sentence. However, after Mr. Mosser’s arguments were made, the Court sentenced Defendant to a total of nine to eighteen years incarceration with no probation to follow. By that point, our client had already served seventeen years of his sentence, and as such, was immediately eligible for parole.
