Commonwealth v. Kerr
Superior Court of Pennsylvania
1Opinion of the Court
WIEAND, Judge:
This is an appeal from a judgment of sentence imposed following entry of a plea of guilty to theft by unlawful taking. Thomas Harry Kerr, the appellant, contends that because the victim was insured and received compensation from his insurer for the loss sustained, appellant could not properly be directed, as a part of his sentence, to make restitution. 1 We disagree and affirm the judgment of sentence.
The Commonwealth contends that the issue of restitution has been waived by appellant’s failure to file a motion to “modify” his sentence in accordance with Pa.R.Crim.P. 1410.…
Also in this document: Concurrence.
2Cases cited15 opinions
- Commonwealth v. WalkerSupreme Court of Pennsylvania · 1976
- Donald Feeley v. United StatesCourt of Appeals for the Third Circuit · 1964
- Commonwealth v. FuquaSuperior Court of Pennsylvania · 1979
- Commonwealth v. ErbSuperior Court of Pennsylvania · 1981
- People v. F. D.Appellate Court of Illinois · 1980
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3Cited by32 opinions
- Commonwealth v. B.D.G.Superior Court of Pennsylvania · 2008
- Commonwealth v. LobiondoSupreme Court of Pennsylvania · 1983
- Commonwealth v. BalisteriSupreme Court of Pennsylvania · 1984
- Commonwealth v. MathisSupreme Court of Pennsylvania · 1983
- Commonwealth v. RunionSupreme Court of Pennsylvania · 1995
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