Our client was sentenced to seven and one half to fifteen years incarceration for stealing a car and leading the police on a high speed chase. On appeal, Mr. Mosser argued that the sentence was improperly excessive because the judge did not apply the applicable sentencing guidelines. The Superior Court agreed, vacated his sentence and sent the case back to the lower court for re-sentencing.
Our Recent Criminal Appeals Cases in Pennsylvania
AUTO THEFT & RESISTING ARREST
Commonwealth v. R.F.
DRUG POSSESSION
Commonwealth v. R.S.
Our client was charged with drug possession after heroin was allegedly found in his pocket. During Mr. Mosser’s cross examination of the arresting officer, she admitted that she actually had no idea where the heroin came from, and that it might have actually belonged to someone else. Our client was found not guilty of all charges.
Child pornography/PCRA
Commonwealth v. P.M.
In this case, our client entered a nolo contendre plea to possession of child pornography after being represented by prior counsel who was woefully unprepared to go to trial. Mr. Mosser filed a PCRA Petition, alleging among other things, that the Court should have allowed the plea to be withdrawn because the Commonwealth breached the plea agreement by arguing for specific terms of sentencing and that prior counsel was ineffective for failing to raise this issue. The PCRA court agreed and allowed our client to withdraw his plea so that our client can proceed to trial with adequate counsel.