Com. v. Cole, J.

J-A12045-22 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JAMES CHARLES COLE : : Appellant : No. 852 WDA 2021 Appeal from the Judgment of Sentence Entered June 22, 2021 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0015767-2012 BEFORE: MURRAY, J., McCAFFERY, J., and COLINS, J.* MEMORANDUM BY COLINS, J.: FILED: September 2, 2022 Appellant, James Charles Cole, appeals from the judgments of sentence imposed following the second revocation of his probation in this case. He challenges the discretionary aspects of his sentence that includes a term of two and one-half to seven years of state confinement, to be followed by two years of probation. Upon review, we affirm the judgments of sentence and remand for the limited purpose of correcting an error on the sentencing order. Initially in this matter, on March 18, 2013, Appellant pleaded guilty to two counts of indecent assault of a person less than thirteen years of age, and single counts of corruption of minors, unlawful conduct with a minor, and sale ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-A12045-22 of a tobacco product to a minor.1 The facts underlying his plea involved his illicit pursuit a twelve-year-old girl, and were summarized as follows: Your Honor, if this case would have gone to trial, [A.Y.], a 12-year old child would have testified on November 15th 2012, the defendant approached her outside of her stepfather’s apartment building. She got into an argument with him and stepped out to cool off. He approached her, told her she had a nice body for a 12-year old, gave her a cigarette, told her he would go back to jail for her, that she was jailbait, and offered her a carton of cigarettes if she would have sex with him. He then grabbed her by the arm and tried to pull her into the house. She broke away and went to the apartment. The following day, around 5:00 in the afternoon, she was walking away from her apartment to meet her mother at the Walmart. There is apparently a trail that goes behind her apartment. He came running up from behind her, bit her on the left side of her neck, and tried to kiss her. She told him to get off of her and started to walk and run away. He followed her, grabbed her butt, grabbed her breasts, and stuck his hand down her pants, and grabbed her rear end from behind, inside of her clothes. He continued to follow her to Route 30, at the pawn shop, where he tried to kiss her again. She was able to push him away and ran toward her mother, and the police were called. N.T. Guilty Plea Hearing, 3/18/13, 7-8.2 ____________________________________________ 1 18 Pa.C.S. §§ 3126(a)(7), 6301(a)(1)(ii), 6318(a)(1), and 6305(a)(1), respectively. 2Factoring in Appellant’s date of birth listed on his county court summary would permit …

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