By Burt Rose
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The Superior Court of Pennsylvania has decided the case of COMMONWEALTH of Pennsylvania v. Jamey William McKEE, Appellant, No. 1080 WDA 2010, 2012 WL 453120, 2012 PA Super 30 (Feb. 14, 2012), an appeal from the Court of Common Pleas of Allegheny County, Criminal Division, CP–02–CR–0008826–2007. The judges were PANELLA, OTT, and STRASSBURGER. Judge Panella wrote the Opinion.
Judge Kevin Sasinoski of the Court of Common Pleas of Allegheny County had denied the Appellant’s Petition for Return of Restitution and Court Costs and Fees. On appeal, McKee argued that the trial court erred when it determined it was without jurisdiction to return the restitution and court costs McKee had paid following the Superior Court’s order reversing McKee’s judgment of sentence. See Commonwealth v. McKee, 996 A.2d 549 (Pa.Super., 2010). Now the Superior Court ruled that the trial court had the authority to order the return of restitution erroneously paid after the conviction was reversed on appeal due to the insufficiency of the evidence. The Court cited 18 PaCS Section 1106(c)(3) which authorizes a sentencing court to modify restitution orders at any time provided the court states its reasons as a matter of record. Therefore, the trial court had jurisdiction to modify its restitution order.
The attorney for the Appellant was Jessica L. Herndon of the Allegheny County Public Defender’s Office.