Commonwealth v. Beckwith

674 A.2d 276, 449 Pa. Super. 433
CourtSuperior Court of Pennsylvania
DecidedApril 1, 1996
StatusPublished
Cited by12 cases

This text of 674 A.2d 276 (Commonwealth v. Beckwith) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Beckwith, 674 A.2d 276, 449 Pa. Super. 433 (Pa. Ct. App. 1996).

Opinion

TAMILIA, Judge:

Dennis W. Beckwith appeals from the March 21, 1995, twenty-one (21) to forty-two (42) month judgment of sentence1 imposed after he was found guilty of terroristic threats,2 simple assault,3 recklessly endangering another person,4 harassment,5 defiant trespass6 and indirect criminal contempt.7 Appellant was acquitted on charges of burglary, one count of simple assault and criminal trespass. The charges levied against appellant, which arose from a single incident yet were prosecuted separately, stemmed from appellant’s violation of a Protection From Abuse (PFA) Order and his attack on the investigating police officer. For the purpose of appeal, the eases have been consolidated sua sponte.8

Appellant raises several issues for this Court’s consideration, at least two of which require a detailed recitation of the events preceding appellant’s arrest. On May 11, 1994, Sandra Miller, on behalf of her sixteen year-old daughter Jessica Miller, obtained a PFA Order prohibiting appellant from contacting Jessica, his girlfriend and the mother of his child, Samantha. The consent Order was signed by Jessica, her mother and the appellant. However, despite the Order, appellant and Jessica continued to live together until a day or two before July 18, 1994, the date of the incident in question. On that evening, at approximately 10:00 p.m., Jessica, her new boyfriend Shaun and daughter Samantha arrived at the second floor apartment Jessica shared with her mother, her younger brother and her mother’s boyfriend. Shortly thereafter appellant knocked at the front door and, upon being rebuffed by Jessica, climbed through the bathroom window and began fighting with Shaun. Shaun ran out the front door, down the steps to the street, and appellant and Jessica followed him. Upon hearing the ruckus, the landlady, who lived in the first floor apartment, joined Jessica and appellant and informed appellant if he did not leave she would call the police. Appellant left and Jessica returned to her apartment. Appellant soon returned, however, and, upon once again being turned away, entered through the living room window. When a reconciliation conversation between the two proved futile, appellant forcibly carried Jessica into a bedroom while attempting to muffle her screams with his hand. The victim’s pounding on the floor alerted the landlady who- called the police. Jessica testified that when appellant heard Officer Ann Walstrom knocking at the door he became enraged, grabbed a knife and chased the officer backwards down the stairs to the street. Officer Walstrom testified that as appellant rushed at her wielding the knife, he repeatedly shouted “I’m going to f — ing kill you.” When a second officer arrived on the [279]*279scene, appellant fled, only to be apprehended the following day.

Appellant was tried before a jury on charges which included, among others, defiant trespass and harassment. At a bench trial conducted six weeks later, allegations of indirect criminal contempt were addressed. Appellant contends the latter prosecution for indirect criminal contempt constituted double jeopardy since the charge alleged violation of the May 11,1994 Order prohibiting him from contacting the victim, and the charge of defiant trespass had been previously been adjudicated. In other words, appellant argues prosecuting him for criminal contempt was a duplication or repetition of the defiant trespass and harassment charges prosecuted during the jury trial. Accordingly, appellant prays the conviction and related three-month term of imprisonment imposed consecutive to the eighteen (18) to thirty-six (36) months imposed on the terroristic threats conviction be vacated.

As stated swpra, appellant was acquitted at trial of criminal trespass but found guilty of defiant trespass, receiving for the latter conviction an eight-month period of probation to be served consecutive to the incarceration for terroristic threats. The court found harassment merged with terror-istic threats and imposed no further incarceration. Accordingly, we are faced with the query whether a violation of the PFA Order is a lesser included offense of defiant trespass, requiring vacation of the three-month sentence. To determine whether a defendant’s protection against multiple punishments for the same offense has been violated, this Commonwealth applies the test set forth in Blockburger v. U.S., 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932): where the same act constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not. See Commonwealth v. Caufman, 541 Pa. 299, 662 A.2d 1050 (1995); Commonwealth v. Decker, 445 Pa.Super. 101, 664 A.2d 1028 (1995). To be found guilty of defiant trespass, a person must, knowing he is not licensed to do so, enter or remain in a place as to which notice of trespass has been given by actual notice to the actor, posting of the property or fencing or enclosure to exclude intruders. 18 Pa.C.S. § 3503(b). To be found guilty of indirect criminal contempt, violation of the PFA Order in question, appellant must have had any contact, verbal or physical, with the victim. Mere overlap in proof between the two prosecutions doesn’t establish a double jeopardy violation. Caufman, supra.

To be found guilty of defiant trespass appellant had to have entered and remained on victim’s property, knowing he was not licensed to do so. Whether victim was at home at the time would be immaterial. Jessica was present at the time of the intrusion, however, providing the additional material element necessary to thereby trigger a violation of the existing PFA Order, resulting in indirect criminal contempt. This distinction was recognized in Commonwealth v. Allen, 506 Pa. 500, 486 A.2d 363 (1984), wherein it was found criminal trespass and indirect criminal contempt were separate offenses for double jeopardy purposes.9 While the PFA Order issued herein prohibited any contact whatsoever with the petitioner, to be found guilty of defiant trespass appellant must have knowingly entered or remained in a place as to which notice against trespass was given; to wit: Jessica’s apartment. The interests protected are distinct; the PFA Order protects the person while the crime of defiant trespass goes to the premises. The facts before us are distinguishable from those present in Commonwealth v. Decker, 445 Pa.Super. 101, 664 A.2d 1028 (1995), wherein this Court found double jeopardy barred prosecution of defendant for simple assault based on the same facts underlying his prior conviction for criminal contempt for violating [280]*280a PFA Order enjoining him from physically abusing his wife and her children. Under the facts in Decker, the court found simple assault to be a lesser included offense of criminal contempt, the former offense containing no elements not included in the contempt charge. Each crime in Decker,

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Bluebook (online)
674 A.2d 276, 449 Pa. Super. 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-beckwith-pasuperct-1996.