Commonwealth v. Fruehan

WIEAND, Judge:

The issue of first impression in this appeal is whether the Commonwealth should be allowed to appeal the discretionary aspects of a sentence after it agreed as part of a negotiated plea agreement to stand mute with respect to the sentence to be imposed by the trial court. After careful consideration, we conclude that to allow the Commonwealth’s appeal would be to permit it to breach its plea agreement and deprive the defendant of the benefits thereof. Therefore, we disallow the Commonwealth’s appeal.

Robinson Fruehan entered a plea of guilty to attempted rape pursuant to a plea…