Commonwealth v. Felix

KELLY, Judge:

The Commonwealth appeals from a sentence of “time in” (four months) to twenty-three months imposed upon appellee Charles Felix, Jr., following his conviction in a bench trial of burglary and theft. The Commonwealth argues that the trial court abused its discretion by unreasonably sentencing appellee below the applicable mitigated minimum range. Despite the subsequent invalidation of the sentencing guidelines, we find that: the appearance of a substantial question as to the appropriateness of the sen*149tence imposed, considering the Sentencing Code as a whole, is presented; the…