Topic: DUI – Refusal of Chemical Testing – Birchfield – Mandatory Sentence – Alleyne Summary: The mandatory minimum sentence given by the Venango County Court of Common Pleas for a DUI chemical test refusal was unconstitutional. 1.) Defendants cannot be given a mandatory minimum sentence for refusing to submit to a warrantless blood test. 2.) A defendant who refused a blood test cannot be subject to enhanced sentencing based on the refusal to...

Commonwealth v. Madeira 2009 PA Super 180 (9/14/1009) Topic: Sentencing – Mandatory Minimum Summary: When a statute uses the language “not less than,” the sentence referred to must be interpreted to be a mandatory minimum. http://www.pacourts.us/OpPosting/Superior/out/s37026_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new...

Debra Erdley reports in the Sunday, August 23, 2009 Pittsburgh Tribune-Review that while “tough on crime” laws have served to increase prison populations, there has been no corresponding decrease in the crime rate. According to State Senator Stewart Greenleaf, the harsh penalties he and fellow legislators enacted served to punish non-violent offenders more severely, but statistics indicate that crime in Pennsylvania has not...

Commonwealth v. Eli Brougher 2009 PA Super 131 (7/13/2009) Topic: Mandatory Sentence – Deadly Weapon Enhancement Summary: An unloaded toy pistol that looks like a real firearm and shoots pellets may be considered a deadly weapon for sentencing purposes. Therefore, a defendant may be subject to a deadly weapon enhancement if he uses a realistic toy weapon. *Note*: The Superior Court found Brougher’s issue waived so this conclusion...

Commonwealth v. Wayne McKibben 2009 PA Super 130 (7/14/2009) Topic: Mandatory Sentences – Drugs in Close Proximity to Firearms Summary: Where firearms are found loaded, readily accessible to the defendant, and in the same room as drugs, the mandatory sentence under 18 Pa.C.S.A. Section 9712.1 is applicable. http://www.pacourts.us/OpPosting/Superior/out/A15039_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share...

Commonwealth v. Hoke J-167-2008 Topic: Mandatory Sentence – Conspiracy to Manufacture a Controlled Substance Summary: The mandatory minimum sentencing provision of 35 P.S. § 780-113(k) does not apply to conspiracy to manufacture of a controlled substance. The Pennsylvania Supreme Court concluded that the provisions of 35 P.S. § 780-113(k) do not mention or otherwise refer to applying a mandatory minimum sentence to conspiracy. The Court...