Brown, Jerome M - Jerome M Brown Esq in Philadelphia, PA

Troy Robinson asked a question

Dear Jerry: I sincerely apologize for having not contacted you, but I've been in a state of very deep depression since visiting Mrs. Bamont's grave upon my release and still am unot taking it well, as well the fact that she is gone forever, to the point where I didn't care about anything else. Nonetheless, despite missing the deadline for reargument on the Superior Court's joke of an opinion, and being that today (Oct. 6th) is the last day for filing a pet for allowance of appeal, I was wondering if you could slap something together for filing before the end of the da on the following grounds:

1. To clarify contradictory holdings regarding the grading for the crime of witness intimidation, is an offense a felony basesd soley on the fact that a felony was charged in the underlying case as the Superior Court concluded based on its decision in Com. v. Felder, or is an offense a felony only if the defendant engaged in certain aggravating conduct as established in the Supreme Court's decision in Com. v. Brachbill, and in the Superior Court's own recent en banc decision in Com. v. Lynch?

2. In light of the fact that the factuaul predicates of 4952(b)(1) of the intimidation statute change the grade of an offense and increases the potential penalty for an offense, where the criminal information only alleged the elements for the misdemeanor version of the crime, did the Superir Court err in affirming the trial court's felony sentence in contravention of the Supreme Court's decision in Com. v. Hertzog and by failing to apply the principles of Apprendi, Alleyne, and the Pa. Supreme Court's decision in Com. v. Hopkins which establish that facts which increase the potential penalty for an offense are elements of the crime which must be specifically alleged in the criminal information before a defendant may be exposed to an aggravated sentence?

3. In light of the fact that the felony version of witness intimidation is a separate offense from misdemeanor intimidation, did the trial court lack jurisdiction to sentence the defendant for the felony version of the crime where the defendant was not charged therewith as the criminal information only described the elements for the misdemeanor version of the offense?

If you can let me know as soon as possible whether you can slap something together for filing today I would really appreciate it. If so, I will ba able to stop in the office on Monday. Thanks again Jerry for your patience.

Troy