Hidalgo v. Commonwealth

Opinion of the Court by

Justice CUNNINGHAM.

On June 22, 2007, Appellant, Dayron Castellanos Hidalgo, a/k/a Dayron Castel-lanos, and a co-defendant robbed a Cash Express business using a BB gun. Appellant was subsequently indicted on one count of robbery in the first degree. During plea negotiations, the Commonwealth offered to amend the charge to robbery in the second degree if Appellant would refrain from seeking probation or shock probation. At sentencing on January 7, 2008, Appellant supplemented the pre-sentence investigative report with statements regarding his good character, even though…