Commonwealth v. Hoover

In this discretionary appeal, the Court considered whether the trial court erred by vacating, pursuant to 42 Pa.C.S. § 5505 (“Modification of orders”), a prior order granting a petition for early termination of a sentence of intermediate punishment based on the court’s discovery that the defendant committed a new offense shortly after the early termination order was entered.


In 2013, Hoover pleaded guilty to two counts of DUI and was sentenced to five years of county intermediate punishment. In 2017, the trial court granted Hoover’s motion for early termination of his sentence. Later that day, Hoover was arrested for DUI. Three weeks later, the court conducted a hearing and vacated its order granting Hoover’s petition for early termination of his sentence of county intermediate punishment. Hoover appealed, and the Superior Court affirmed. The Supreme Court of PA reversed and remanded.


The Court ruled that the trial court violated Hoover’s due process rights because there was no evidence that the trial court conditioned its grant of Hoover’s petition for early termination of his sentence of county intermediate punishment on his future conduct. The Court held hold that a trial court may not vacate a prior order terminating a sentence of intermediate punishment or probation based on subsequent conduct unless that conduct constitutes a violation of specified conditions of the termination order, of which the individual had notice.

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