Commonwealth v. Penrod

KELLY, Judge:

In this case we are called upon to determine whether the trial court abused its discretion in sentencing appellant on his second drunk driving conviction by permitting restitution for losses caused by the post-accident criminal conduct of an unknown third party, by using his prior conviction to determine the mandatory minimum and as an aggravating factor, by considering facts not of record, and by admitting and considering allegedly inflammatory victim impact evidence. The restitution claim was not properly preserved for appeal. We grant allowance of discretionary aspects of…