Commonwealth v. Blount

207 A.3d 925
CourtSuperior Court of Pennsylvania
DecidedApril 8, 2019
Docket1278 EDA 2018
StatusPublished
Cited by39 cases

This text of 207 A.3d 925 (Commonwealth v. Blount) 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. Blount, 207 A.3d 925 (Pa. Ct. App. 2019).

Opinion

OPINION BY STEVENS, P.J.E.:

Appellant, John M. Blount, appeals from the March 26, 2018, judgment of sentence entered in the Court of Common Pleas of Philadelphia County following the lower court's grant of PCRA 1 relief and resentencing of Appellant on, inter alia , his conviction for two counts of first-degree murder pursuant to Montgomery v. Louisiana , --- U.S. ----, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016), which held that state courts are required to grant retroactive effect to new substantive rules of federal constitutional law, such as Miller v. Alabama , 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012). Miller held unconstitutional mandatory sentences of life imprisonment without the possibility of parole for offenders, like Appellant, who were under eighteen years of age at the time of their crimes. After a careful review, we affirm.

The relevant facts and procedural history are as follows: On September 28 or 29, 1989, Appellant, who was seventeen years old, shot two men in the head at close range. One of the men was a tenant in Appellant's mother's residence where Appellant also lived. After the killings, Appellant removed money and jewelry from the deceased victims, and with the help of his stepfather, moved their corpses to a basement garage. Thereafter, Appellant paid two men to remove the victims' decomposing corpses from the basement. On October 24, 1989, Appellant was arrested for the murders, and he confessed to the police that he shot both victims.

On October 29, 1990, Appellant proceeded to a jury trial and was convicted of two counts of first-degree murder, possessing an instrument of crime, and abusing a corpse. At a separate penalty hearing, with regard to the two murder convictions, the jury determined the aggravating circumstances outweighed any mitigating circumstances *929 and fixed Appellant's penalty at death. The trial court immediately sentenced Appellant to two consecutive sentences of death.

The trial court then sentenced Appellant to one year to two years in prison for abuse of a corpse, and two and one-half years to five years in prison for possessing an instrument of crime, both to run concurrently to each other but consecutively to the sentences of death.

Appellant filed a direct appeal with the Pennsylvania Supreme Court, which affirmed Appellant's convictions but vacated his death sentences due to erroneous instructions from the trial court pertaining to how the jury should assess aggravating and mitigating circumstances. See Commonwealth v. Blount , 538 Pa. 156 , 647 A.2d 199 (1994). Upon remand, on July 24, 1996, the trial court resentenced Appellant to two consecutive terms of life in prison without the possibility of parole for first-degree murder, a consecutive term of two and one-half years to five years in prison for possessing an instrument of crime, and a concurrent term of one year to two years in prison for abuse of a corpse.

Appellant filed a pro se PCRA petition on January 9, 1997, and counsel was appointed to assist him. The PCRA court denied Appellant's PCRA petition on December 31, 1997, and Appellant did not appeal.

On March 24, 2006, Appellant filed a second pro se PCRA petition, and the PCRA court denied the petition on the basis it was untimely. Appellant filed an appeal, and this Court affirmed. Commonwealth v. Blount , 2145 EDA 2008 (Pa.Super. filed 11/10/09) (unpublished memorandum). Appellant filed a petition for allowance of appeal, which our Supreme Court denied on July 30, 2010.

On August 10, 2012, Appellant filed a third pro se PCRA petition, and the PCRA court denied the petition on the basis it was untimely. Appellant did not appeal.

On March 8, 2016, Appellant filed a fourth pro se PCRA petition in which he argued that he was entitled to relief under Montgomery , supra and Miller , supra . Following the appointment of counsel and the granting of numerous continuances, the Honorable Barbara A. McDermott granted relief based on the "new constitutional right" exception to the PCRA's time-bar and, thus, vacated Appellant's July 24, 1996, judgment of sentence.

On March 26, 2018, Judge McDermott held a resentencing hearing, at the conclusion of which she imposed thirty-five years to life imprisonment for each count of first-degree murder, the sentences to run concurrently. Judge McDermott imposed no further penalty for possessing an instrument of crime or abuse of a corpse.

On April 4, 2018, Appellant filed a counseled post-sentence motion, which counsel supplemented on April 25, 2018. Following a hearing on April 26, 2018, Judge McDermott denied the post-sentence motion, and this timely appeal followed on May 3, 2018. All Pa.R.A.P. 1925 requirements have been met.

On appeal, Appellant presents the following issues in his "Statement of Questions Involved":

1. Must the sentencing judge recuse herself where the judge did not accept the sentence agreed upon by the parties?
2. Did not the sentencing court err when imposing sentence by considering matters without support in the record that were actually false, here that [Appellant] would live into his 90s and that he had desecrated the bodies of the decedents?
*930 3. Did not the sentencing court unconstitutionally err and violate Miller , [ supra ], where, at the resentencing of a juvenile lifer, the court relied exclusively upon the facts of the homicide in imposing an additional six more years of incarceration beyond the twenty-eight years already served and by doing so ignored the total rehabilitation demonstrated by [Appellant]?
4.

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Cite This Page — Counsel Stack

Bluebook (online)
207 A.3d 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-blount-pasuperct-2019.