J-A25013-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

LAMONT CAESAR, 

 Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 2575 EDA 2017

Appeal from the PCRA Order August 3, 2017

In the Court of Common Pleas of Philadelphia County Criminal Division at 

No(s): CP-51-CR-0300183-2005, 

CP-51-CR-0300191-2005, CP-51-CR-0900721-2005

BEFORE: PANELLA, J., DUBOW, J., and KUNSELMAN, J.

MEMORANDUM BY DUBOW, J.: FILED JANUARY 24, 2019

Appellant, Lamont Caesar, appeals from the Order dismissing his first 

Petition, filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. 

§§ 9541-9546. On appeal, he asserts counsel provided ineffective assistance 

for failing to preserve certain issues pertaining to the discretionary aspects of 

his sentence, and claims that his sentence is illegal pursuant to Alleyne v. 

United States, 570 U.S. 99 (2013). After careful review, we affirm.

On January 20, 2006, Appellant entered open guilty pleas on three 

different dockets to multiple counts of robbery, aggravated assault, attempted 

murder, and various firearms offenses that he committed during a three-day 

crime spree in October 2004. The court subsequently sentenced him on the 

three dockets to an aggregate term of twenty to forty-eight years’ 

imprisonment. Appellant did not file a timely appeal from his Judgment of 

Sentence.
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Following reinstatement of Appellant’s direct appeal rights nunc pro tunc

and a subsequent appeal, this Court affirmed Appellant’s Judgment of 

Sentence on June 23, 2014.

1 Appellant did not seek review with the 

Pennsylvania Supreme Court.

On January 16, 2015, Appellant timely filed the instant PCRA Petition,

pro se, and filed Amended Petitions pro se on February 22, 2015, and April 

14, 2015. The PCRA court appointed counsel who filed an Amended Petition 

on August 2, 2016, and a Supplemental Amended Petition on February 22, 

2017.

On May 16, 2017, the Commonwealth filed a Motion to Dismiss. After 

issuing a Notice pursuant to Pa.R.Crim.P. 907 and an Amended Rule 907 

Notice, on August 3, 2017, the PCRA court dismissed Appellant’s Petition

without a hearing.

2

 

This appeal followed. Both Appellant and the PCRA court complied with 

Pa.R.A.P. 1925.

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1 Commonwealth v. Caesar, 1813 EDA 2009 (Pa. Super. filed June 23, 

2014) (unpublished memorandum). On direct appeal, Appellant challenged 

only the discretionary aspects of sentence, asserting that the sentencing court 

did not weigh mitigating facts. We concluded that Appellant waived issues 

pertaining to the trial court’s alleged failure to state on the record (1) the 

guideline ranges for the offenses; and (2) adequate reasons for those 

sentences which exceeded the standard range of the guidelines, for failing to 

raise the issues in his Pa.R.A.P. 1925(b) Statement or in his statement of the 

questions involved. Id. at 8.

2 The Honorable William J. Mazzola, who sat as the PCRA court, also presided 

at Appellant’s sentencing proceeding.
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We review the denial of a PCRA Petition to determine whether the record 

supports the PCRA court’s findings and whether its order is otherwise free of 

legal error. Commonwealth v. Fears, 86 A.3d 795, 803 (Pa. 2014). There 

is no right to a PCRA hearing; a hearing is unnecessary where the PCRA court 

can determine from the record that there are no genuine issues of material 

fact. Pa.R.Crim.P. 907(a); Commonwealth v. Jones, 942 A.2d 903, 906 

(Pa. Super. 2008).

In his Brief, Appellant raises three issues:3 (1) the PCRA court erred in 

dismissing the Petition without holding a hearing; (2) appellate counsel 

provided ineffective assistance for failing to preserve certain alleged

sentencing court errors in a post-sentence motion or in his Rule 1925(b) 

statement; and (3) his sentence is illegal pursuant to Alleyne, supra. 

The law presumes counsel has rendered effective assistance, and the 

burden of demonstrating ineffectiveness rests with an appellant. 

Commonwealth v. Rivera, 10 A.3d 1276, 1279 (Pa. Super. 2010). To 

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3 Appellant’s counselled Brief contains a Statement of Questions Involved 

consisting merely of two general claims of PCRA court error: failure to hold a 

hearing and the denial of relief on his layered ineffectiveness claims. See

Appellant’s Brief at 8. We remind counsel that Pa.R.A.P. 2116(a) requires the 

Statement of Questions Involved to “state concisely the issues to be resolved” 

and provides that “[n]o question will be considered unless it is stated in the 

[S]tatement of [Q]uestions [I]nvolved or is fairly suggested thereby.” 

Pa.R.A.P. 2116(a). Notwithstanding that Appellant did not raise an issue 

regarding the legality of his sentence in the Statement of Questions Involved, 

we will address the merits of that claim, as well as the other claims, set forth 

in the brief. See Commonwealth v. Archer, 722 A.2d 203, 209 (Pa. Super. 

1998) (explaining that a defendant cannot waive an illegal sentence claim).
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satisfy this burden, Appellant must plead and prove by a preponderance of 

the evidence that: (1) the underlying legal claim has arguable merit; (2) 

counsel had no reasonable basis for acting or failing to act; and (3) the 

petitioner suffered resulting prejudice. Commonwealth v. ReyesRodriguez, 111 A.3d 775, 780 (Pa. Super. 2015); Commonwealth v. 

Pierce, 527 A.2d 973, 975-76 (Pa. 1987). A petitioner must prove all three 

factors or the claim fails. Commonwealth v. Baumhammers, 92 A.3d 708, 

719 (Pa. 2014). Courts will not find counsel ineffective for failing to pursue a 

baseless or meritless claim. Commonwealth v. Taylor, 933 A.2d 1035, 

1042 (Pa. Super. 2007). 

In the context of a challenge to appellate counsel’s stewardship for

failing to raise specific challenges to the discretionary aspects of a sentence, 

prejudice may be established only by pleading and proving that the challenge 

would have resulted in “a reduction in the sentence.” Commonwealth v. 

Reaves, 923 A.2d 1119, 1132 (Pa. 2007). 

Appellant argues that appellate counsel provided ineffective assistance 

because the Rule 1925(b) Statement did not raise the following two 

sentencing court errors of merit: (1) the sentencing court failed to state the 

guideline ranges for the offenses; and (2) the sentencing court failed to state 

an adequate reason for sentencing Appellant in the aggravated range. 

Appellant’s Brief at 19. Appellant concludes that because appellate counsel 

failed to raise these issues and the Superior Court determined that Appellant, 
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thus, waived them, he was denied the opportunity to prove that the trial court 

erred in failing to “give sufficient attention to” four mitigating factors when 

sentencing Appellant. Id. at 20-21. 

Contrary to Appellant’s contention, appellate counsel did challenge the 

sentencing court’s alleged failure to consider and apply mitigating factors at 

sentencing, and this Court concluded that the issue did not present a 

substantial question. However, the Court also observed that

[T]he court had the benefit of a PSI report. ‘Our Supreme Court 

has ruled that where pre-sentence reports exist, the presumption 

will stand that the sentencing judge was both aware of and 

appropriately weighed all relevant information contained there.’ 

[Commonwealth v.]Griffin, [804 A.2d 1, 8 (Pa. Super. 2002)], 

citing Commonwealth v. Devers, 546 A.2d 12, 18 (Pa. 1988). 

At any rate, we note that there was extensive discussion 

concerning [A]ppellant’s drug problem and that he was allegedly 

abusing Xanax and marijuana at the time of the incidents. The 

trial court considered this testimony as well as other mitigating 

evidence offered by the defense, including from [A]ppellant’s 

family members. Certainly the trial court was well aware of 

[A]ppellant’s lack of a criminal history. The trial court noted that 

it could have imposed a far longer sentence, but was swayed by 

the testimony of [A]ppellant’s family. The trial court did state as 

an aggravating factor that [A]ppellant victimized some of the 

same people twice during this three-day crime spree. In short, 

there is simply nothing to support [A]ppellant’s baseless argument 

that the trial court did not weigh mitigating evidence together with 

all other factors in fashioning [A]ppellant’s sentence. There is 

nothing to review here. 

Caesar, supra, at 7-8.

Accordingly, Appellant’s claim fails as appellate counsel did raise a claim 

regarding the application of mitigating factors and the Superior Court 

considered the trial court’s use of them. 
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With respect to his claim that appellate counsel should have raised a 

claim in his Rule 1925(b) Statement that the sentencing court failed to state 

its reasons on the record, Appellant fails to acknowledge that, in the context 

of an ineffectiveness review, he must first prove that the underlying challenge 

is meritorious. That is, Appellant must first show that the appellate court 

would have found that the trial court did not state its reasons on the record 

and the appellate court, as a result, would have remanded for resentencing

on that basis.

A sentencing court is required to place on the record its reasons for the 

imposition of the sentence. 42 Pa.C.S. § 9721(b). As we noted above, the 

sentencing judge can satisfy this requirement by identifying on the record that 

he was informed by a presentence report. Commonwealth v. Pennington, 

751 A.2d 212, 217 (Pa. Super. 2000). Where the sentencing court has the 

benefit of a pre-sentence report, the law presumes that the court “was aware 

of the relevant information regarding the defendant’s character and weighed 

those considerations along with the mitigating statutory factors” delineated in 

the Sentencing Code. Commonwealth v. Devers, 546 A.2d 12, 18 (Pa. 

1988). “Having been fully informed by the pre-sentence report, the 

sentencing court’s discretion should not be disturbed.” Id.

Where a sentence exceeds the guidelines, the Sentencing Code requires 

a trial judge to demonstrate, on the record, “his awareness of the guideline 

ranges.” Commonwealth v. Griffin, 804 A.2d 1, 7 (Pa. Super. 2002) 
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(citation omitted). “Having done so, the sentencing court may, in an 

appropriate case, deviate from the guidelines by fashioning a sentence which 

takes into account the protection of the public, the rehabilitative needs of the 

defendant, and the gravity of the particular offense as it relates to the impact 

on the life of the victim and the community.” Id. at 8. “In doing so, the 

sentencing judge must state of record the factual basis and specific reasons 

which compelled him or her to deviate from the guideline ranges.” Id.

(citation omitted). “When evaluating a claim of this type, it is necessary to 

remember that the sentencing guidelines are advisory only. Id. (citation 

omitted).

Appellant fails to specify which sentences appellate counsel should have 

challenged and does not attempt to inform us of the applicable sentencing 

guidelines or the statutory maximums that are at issue.4 Given “Appellant's 

failure to develop meaningful argument with specific reference to the record 

in support of his claim[],” Commonwealth v. Murchinson, 899 A.2d 1159, 

1162 (Pa. Super. 2006), we are constrained to find his claim waived. See 

Commonwealth v. Irby, 700 A.2d 463, 464 (Pa. Super. 1997) (holding that

“arguments which are not sufficiently developed are waived”); see also 

Commonwealth v. Kane, 10 A.3d 327, 331 (Pa. Super. 2010) (citation 

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4 We note that the sentencing court had the benefit of Appellant’s PSI report, 

and so stated on the record at sentencing. See N.T. Sentencing, 3/29/06, at 

63-69; PCRA Ct. Op., 12/5/17, at 6; Caesar, supra, at 7-8. 
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omitted) (“This Court will not act as counsel and will not develop arguments 

on behalf of an appellant.”); Pa.R.A.P. 2119 (delineating briefing 

requirements).

Further, contrary to Appellant’s belief that his sentence was “harsh and 

unreasonable and would have raised a substantial question on appeal,” 

Appellant’s Brief at 21, this bare averment lacks the specificity needed to 

establish a claim of arguable merit. Additionally, the Superior Court already 

concluded that Appellant’s claim does not raise a substantial question. 

Accordingly, this ineffective assistance of counsel claim fails. See Caesar, 

1813 EDA 2009, at 6.

In his last issue, Appellant argues, without citation to the record and 

with no factual context pertaining to his own case, that “his sentence is illegal

because the mandatory minimum sentencing provision of 42 Pa.C.S. § 9712 

is unconstitutional.” Appellant’s Brief at 22. He notes, after a meandering 

review of case law that ends with a discussion of Alleyne v. United States,

133 S.Ct. 2151 (2013), that “Section 9712 [is unconstitutional because it]

permits the trial court, as opposed to the jury, to increase a minimum 

sentence based upon a preponderance of the evidence that the defendant 

visibly possessed a firearm and placed the victim in reasonable fear of death 

of serious bodily injury.” Appellant’s Brief at 25-26. 

The PCRA Court, however, found that it did not impose a mandatory 

minimum sentence. See PCRA Ct. Op. at 14, citing N.T. Sentencing, 3/29/06, 
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at 63-69. Thus, Alleyne does not apply. Our review confirms that the court 

did not make any mention of the imposition of a mandatory minimum.

Based on the foregoing, the PCRA court did not abuse its discretion in 

dismissing Appellant’s PCRA Petition without a hearing. See Jones, supra at 

906 (holding that a hearing is not necessary where the PCRA court can discern 

from the record “that there are no genuine issues of material fact.”). We, 

thus, affirm the PCRA court’s Order.

Order affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 1/24/19