Bickerton and Bickerton Attorneys at Law

Topic: Recidivist Sentencing Laws

Summary: In Commonwealth v. Ede, 949 A.2d 926 (Pa. Super. 2008), Ede was twice convicted of fleeing or eluding from law enforcement. However, Ede committed the second fleeing or eluding before he was convicted of the first. The Superior Court concluded that a recidivist sentencing statute (75 Pa.C.S.A. § 6503, which subjects defendants to an enhanced sentence for a second or subsequent offense) applied. In a summary disposition, the Pennsylvania Supreme Court vacated the decision of the Superior Court.

Conclusion: Unless the statute specifically states otherwise, a recidivist sentencing statute applies only to offenses that take place after the defendant is convicted (enters a guilty plea or is found guilty) of the prior offense.

http://www.pacourts.us/OpPosting/Supreme/out/529mal2008sd.pdf

For more information, go to:

http://www.philly.com/dailynews/local/20090318__Poster_child_for_parole_reform_.html

Topic: Sentencing – Abuse of Discretion – Impermissible Factors to Consider

Summary: Where a sentencing court justifies its enhanced sentence (in part) by stating that the facts of the case support a more serious offense, it has not abused its discretion.

Illustration: Macias entered a guilty plea to third-degree murder. The sentencing court noted that, considering the facts of the case, Macias could have been convicted of first or second degree murder. The sentencing court used this fact as part of its justification for sentencing Macias to the statutory maximum. The Superior Court concluded that the sentencing court did not abuse its discretion by considering these facts.

http://www.pacourts.us/OpPosting/Superior/out/s11009_09.pdf

In “One in 31: the Long Reach of American Corrections,” by the Pew Center, Pennsylvania is shown to have one out of every 28 citizens under “correctional control.” This means that one out of every 28 Pennsylvanians is either in prison, on probation, or on parole. The study also shows that Pennsylvania ranks second nationwide for the length of sentences given to violent offenders. Adam Gelb, director for the Pew Center’s Public Safety Performance Project believes that Pennsylvania would benefit from creating more alternatives to incarceration and by implementing more gradual punishments for those who violate their probation. Gelb noted that, in enacting new sentencing legislation last year, Pennsylvania passed “one of the smartest and toughest packages of reform.”

For more information, go to:

http://www.philly.com/philly/hp/news_update/20090303_Pew_study__Pa__ranks_2nd_in_length_of_prison_terms.html

Topic: Law of the Case Doctrine & Sentencing Guidelines

Summary: 1.) Where a higher court has ruled on an issue, a lower court cannot contradict the higher court’s decision. 2.) A sentencing court must consider the Sentencing Guidelines when issuing sentence. Therefore, the calculation of the prior record score and other guideline information must be accurate.

Illustration: 1.) On direct appeal, the Superior Court concluded that the record was insufficient to make a ruling on the appellant’s claim. During the PCRA proceedings, the PCRA court determined that the Superior Court erred by finding the record insufficient. The Superior Court concluded that the lower court cannot find error in a higher Court’s ruling. 2.) The PCRA court concluded that the fact that the appellant’s prior record score was miscalculated was unimportant because it intended to sentence the appellant to the statutory maximum, regardless of what the Guidelines were. The Superior Court concluded that a sentencing court is required to consider the Sentencing Guidelines when issuing sentence, therefore, the Guidelines must be accurate.

http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTI3MzgtcHJfb3BuLnBkZg==/03-2738-pr_opn.pdf