J-S35044-20

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

PHILIP MICHAEL PLANO 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 2873 EDA 2019

Appeal from the Judgment of Sentence dated August 30, 2019

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

No(s): CP-09-CR-0006496-2018

BEFORE: BOWES, J., STABILE, J., and COLINS, J.*

MEMORANDUM BY COLINS, J.: FILED AUGUST 21, 2020

Appellant, Philip Michael Plano, appeals from the judgment of sentence 

of four to eight years of confinement, which was imposed after he pleaded 

guilty to unlawful contact with minor (relating to sexual offenses), criminal 

use of communication facility, and driving while operating privilege is 

suspended or revoked.1 We affirm on the basis of the trial court opinion.

The facts underlying this appeal are as follows:

Sergeant Kevin Stebner of the Warrington Township Police . . . in 

August of 2018, entered an online site called Doublelist and 

engaged the [Appellant] the using persona of a 14-year-old 

female.

The two exchanged 742 e-mails, the majority of which were 

sexually explicit wherein the [Appellant] discussed engaging in 

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* Retired Senior Judge assigned to the Superior Court.

1 18 Pa.C.S. §§ 6318(a)(1), 7512(a) and 75 Pa.C.S. § 1543(a), respectively.
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anal sex and using sex toys through a series of meets that the two 

mutually agreed upon; again, Sergeant Stebner using the persona 

of a 14-year-old female.

Several different police departments identified [Appellant] as 

showing up to the Valley Square Shopping Center in Warrington 

Township, Bucks County. And through that they were eventually 

able to take him into custody.

The final meet between this, purported 14-year-old girl and 

[Appellant] was supposed to occur on October 11th of 2018 

around 3:30 p.m. when this young lady was purported to be 

getting out of school.

When officers effectuated a car stop on the [Appellant], he was in 

possession of the phone which he utilized to send those e-mails 

and he admitted to that. The car seats were folded down and 

back, and 12 condoms were found in a trap compartment.

When interviewed, he admitted to being the author of all of the emails. He claimed to be meeting the 14-year-old female to save 

her from being preyed upon by older men.

Trial Court Opinion, filed December 18, 2019, at 1-2.

Following Appellant’s aforementioned guilty plea and sentencing, he 

filed a motion for reconsideration of sentence, which was denied by the trial 

court on September 13, 2019. On October 4, 2019, Appellant filed this timely 

appeal.

2

Appellant presents the following issue for our review:

Whether a sentence of four to eight years, which was in the 

standard range of the Pennsylvania sentencing guidelines was 

clearly unreasonable pursuant to 42 Pa.C.S. §9781(c)(2)?

Appellant’s Brief at 4 (unnecessary capitalization omitted).

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2 On October 29, 2019, Appellant filed his statement of errors complained of 

on appeal. The trial court entered its opinion on December 18, 2019.
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“Sentencing is a matter vested in the sound discretion of the sentencing 

judge, and a sentence will not be disturbed on appeal absent a manifest abuse 

of discretion.” Commonwealth v. Lekka, 210 A.3d 343, 350 (Pa. Super. 

2019).

Challenges to the discretionary aspects of sentencing do not 

entitle an appellant to an appeal as of right. Prior to reaching the 

merits of a discretionary sentencing issue[, w]e [normally] 

conduct a four-part analysis to determine: (1) whether appellant 

has filed a timely notice of appeal, see Pa.R.A.P. 902 and 903; 

(2) whether the issue was properly preserved at sentencing or in 

a motion to reconsider and modify sentence, see Pa.R.Crim.P. 

720; (3) whether appellant’s brief has a fatal defect, Pa.R.A.P. 

2119(f); and (4) whether there is a substantial question that the 

sentence appealed from is not appropriate under the Sentencing 

Code, 42 Pa.C.S.A. § 9781(b).

Commonwealth v. Manivannan, 186 A.3d 472, 489 (Pa. Super. 2018) 

(quotation marks and some citations omitted), reargument denied (July 7, 

2018). In the current case, Appellant filed a timely notice of appeal and 

preserved his issue in a post-sentence motion, and his brief includes a 

statement pursuant to Pa.R.A.P. 2119(f) (“Rule 2119(f) Statement”). 

Appellant’s Brief at 10-11.

The final requirement, whether the question raised by Appellant is a 

substantial question meriting our discretionary review, “must be evaluated on 

a case-by-case basis.” Manivannan, 186 A.3d at 489. In his Rule 2119(f) 

Statement, Appellant contends that, “[w]hile the sentencing court sentenced

Appellant within the guidelines, this case involves circumstances where the

application of the guidelines is clearly unreasonable.” Appellant’s Brief at 10. 
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“Where a court sentences within the Guidelines but it is claimed the guidelines

were erroneously applied, or where specific circumstances make application 

of the guidelines unreasonable, Appellant will satisfy his burden of 

demonstrating that there is a substantial question that the sentence imposed 

is not appropriate.” Commonwealth v. Pittman, 737 A.2d 272, 274 (Pa. 

Super. 1999). Consequently, Appellant’s Rule 2119(f) Statement raises a 

substantial question.

Appellant argues: “A sentence of four to eight years for Appellant, who 

was fifty-one years old at the time of sentencing with no prior record and who 

had no contact with a minor was clearly unreasonable.” Appellant’s Brief at 

11-12. After a thorough review of the record, the briefs of the parties, the 

applicable law, and the well-reasoned opinion of the Honorable 

Wallace H. Bateman, Jr., we conclude Appellant’s issue merits no relief. The 

trial court opinion comprehensively discusses and properly disposes of that

question. See Trial Court Opinion, filed December 18, 2019, at 3–5 (the trial 

court took into account Appellant’s background, nature, and character and 

balanced those factors with a need to protect the community; “[a]lthough 

there was not an actual 14-year-old, th[e c]ourt believes that had Appellant 

encountered a child that Appellant would have appeared before it for a more 

serious crime”). Accordingly, we affirm on the basis of the trial court opinion. 

The parties are instructed to attach the opinion of the trial court in any filings 

referencing this Court’s decision.

Judgment of sentence affirmed.
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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 8/21/20