Garfield Evans v.Commonwealth, 2016-CA-1632, to be published-palpable error in sentencing
Mr. Evans was convicted of three counts of third
degree assault. During the sentencing phase, a probation and parole officer
testified that Mr. Evans would be eligible for parole in 3 years if he received
the maximum sentence of 15 years. In closing, the Commonwealth told the jury
that Mr. Evans was “only looking at three years to serve,” if he was given the
maximum sentence of 15 years. During deliberation the jurors sent the trial
court a question asking how many years Mr. Evans would actually serve if they
gave him a 12 year sentence. The trial court declined to answer.
The Court of
Appeals found that the Commonwealth’s misrepresentation resulted in palpable
error and remanded for a new sentencing. Mr. Evans was represented by Erin
Hoffman Yang on appeal.
