Commonwealth v. Bromley

862 A.2d 598, 2004 Pa. Super. 422, 2004 Pa. Super. LEXIS 3907
CourtSuperior Court of Pennsylvania
DecidedOctober 29, 2004
StatusPublished
Cited by95 cases

This text of 862 A.2d 598 (Commonwealth v. Bromley) 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. Bromley, 862 A.2d 598, 2004 Pa. Super. 422, 2004 Pa. Super. LEXIS 3907 (Pa. Ct. App. 2004).

Opinion

STEVENS, J.:

¶ 1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Erie County following Appellant’s guilty plea to one count of possession with intent to deliver.1 On appeal, Appellant challenges both the legality and discretionary aspects of his sentence, and claims that he received ineffective assistance of counsel at sentencing. We affirm.

¶2 On November 4, 2008, Appellant pleaded guilty to possession with intent to deliver marijuana. On January 5, 2004, Appellant was sentenced to fifteen to sixty months of incarceration which was in the aggravated range. Appellant filed a timely notice of appeal, and he was ordered to file a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b). Accordingly, Appellant filed his 1925(b) statement, and the sentencing court subsequently issued its opinion.2

¶ 3 Appellant’s first claim, raised for the first time in his brief, is that his sentence is illegal under the United States Supreme Court’s decisions in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000); Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002); and Blakely v. Washington, — U.S. —, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). While, ordinarily, we would find a claim to be waived because it was not raised in Appellant’s 1925(b) statement, a challenge to the legality of sentence is never waived and may be the subject of inquiry by the appellate court sua sponte. Commonwealth v. Pastorkovic, 390 Pa.Super. 1, 567 A.2d 1089, 1091 (1989) (citations omitted). Accordingly, we find that Appellant’s challenge to the legality of his sentence is not waived and will address it on the merits. However, for the reasons discussed below, we find Appellant’s challenge to the legality of his sentence meritless.

¶ 4 Appellant argues that his sentence in the aggravated range was “a judicial determination of a non-objective fact not charged,” and thus a violation of his Sixth Amendment right to trial by jury. We disagree.

¶ 5 In Apprendi the United States Supreme Court held that “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be [601]*601submitted to a jury, and proved beyond a reasonable doubt.” Apprendi, 530 U.S. at 489, 120 S.Ct. 2348. Accordingly, the Supreme Court held that a New Jersey sentencing scheme which allowed a ten-year enhancement to the maximum sentence if a judge found by a preponderance of the evidence, after a hearing, that the underlying crime was also a hate crime violated the Due Process Clause of the Fourteenth Amendment. Id. at 491-97, 120 S.Ct. 2348.

¶ 6 Appellant here was not subjected to a sentencing scheme where a factor increased his sentence beyond the statutory maximum; he was not even sentenced beyond the guidelines. Rather, he received a sentence in the aggravated range. The Apprendi Court specifically stated:

We should be clear that nothing ... suggests that it is impermissible for judges to exercise discretion taking into consideration various factors relating to both offense and offender — in imposing a judgment within the range prescribed by statute. We have often noted that judges in this country have long exercised discretion of this nature in imposing sentences within statutory limits in the individual case.

Apprendi, 530 U.S. at 481, 120 S.Ct. 2348 (emphasis in original). Thus, Appellant’s claim that his sentence runs afoul of the Apprendi decision is meritless.

¶ 7 In Ring, the Supreme Court held that capital defendants have a Sixth Amendment right to a jury determination of “any fact on which the legislature conditions an increase in their maximum punishment.” Ring, 536 U.S. at 589, 122 S.Ct. 2428 (emphasis in original). In so finding, the Supreme Court noted:

The dispositive question ... is one not of form but effect. If a State makes an increase in a defendant’s authorized punishment contingent on a finding of a fact, that fact — no matter how the State labels it — must be found by a jury beyond a reasonable doubt. A defendant may not be exposefd] to a penalty exceeding the maximum he would receive if punished according to the facts reflected in the jury verdict alone.

Ring, 536 U.S. at 602, 122 S.Ct. 2428 (internal citations omitted) (emphasis in original).

¶ 8 Here, Appellant was not a capital defendant, and there is simply nothing to show that Appellant’s sentence does not accord with Ring. Appellant has not demonstrated that the sentencing court made an increase in his authorized punishment based upon a finding of fact. Appellant was sentenced within the range authorized by the sentencing guidelines, he was not exposed to a penalty exceeding the statutory maximum.

¶ 9 In Blakely,3 the Supreme Court held that the Sixth Amendment was violated by Washington State’s determinate sentencing scheme whereby a sentencing court could impose an “exceptional” sentence, above the standard-range statutory maximum, only after making a finding of “substantial and compelling reasons justifying an exceptional sentence.” Blakely, — U.S. —, 124 S.Ct. at 2534, 159 L.Ed.2d 403 (internal citation omitted). Further, reasons which justify exceptional sentences can only be factors “other than those which are used in computing the standard range sentence for the offense.” Id. In Blakely, the sentencing court departed upward from a standard range sentence for second-degree kidnapping based [602]*602on its finding that the defendant acted with deliberate cruelty. Blakely, — U.S. at —, 124 S.Ct. at 2534. The Blakely Court specifically noted that indeterminate sentencing schemes:

[I]ncrease[ ] judicial discretion, ' to be sure, but not at the expense of the jury’s traditional function of finding the fact essential to lawful imposition of the penalty. Of course indeterminate schemes involve judicial factfinding, in that the judge (like a parole board) may implicitly rule on those facts he deems important to the exercise of his sentencing discretion. But the facts do not pertain to whether the defendant has a legal right to a lesser sentence — and that makes all the difference insofar as judicial impingement upon the traditional role of the jury is concerned. In a system that says that judge may punish burglary with 10 to 40 years, every burglar knows he is risking 40 years in jail. In a system that punishes burglary with a 10-year sentence, with another 30 added for use of a gun, the burglar who enters a home unarmed is entitled to no more than a 10-year sentence — and by reason of the Sixth Amendment the facts bearing upon that entitlement must be found by a jury.

Blakely, — U.S. at —, 124 S.Ct. at 2540 (emphasis in original).

¶ 10 It is well settled that Pennsylvania employs an indeterminate sentencing scheme. Commonwealth v. Walls, 846 A.2d 152, 155 (Pa.Super.2004).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Smith, K.
Superior Court of Pennsylvania, 2023
Com. v. Brown, J.
Superior Court of Pennsylvania, 2023
Com. v. Cool, D.
Superior Court of Pennsylvania, 2023
Com. v. Wolanski, R.
Superior Court of Pennsylvania, 2022
Com. v. Hogan, E.
Superior Court of Pennsylvania, 2021
Com. v. Keech, D.
Superior Court of Pennsylvania, 2021
Com. v. Valdvia, G.
Superior Court of Pennsylvania, 2021
Com. v. Burgos-Rios, W.
Superior Court of Pennsylvania, 2021
Com. v. Cosgrove, J.
Superior Court of Pennsylvania, 2021
Com. v. Groves, L.
Superior Court of Pennsylvania, 2020
Com. v. Paleti, B.
Superior Court of Pennsylvania, 2019
Com. v. Westbrooks, C.
Superior Court of Pennsylvania, 2019
Com. v. Rissell, G.
Superior Court of Pennsylvania, 2019
Com. v. Linnen, P.
Superior Court of Pennsylvania, 2019
Com. v. Lloyd, J.
Superior Court of Pennsylvania, 2019
Commonwealth v. Banks
198 A.3d 391 (Superior Court of Pennsylvania, 2018)
Com. v. Wheeler, C.
Superior Court of Pennsylvania, 2018
Com. v. Green, K.
Superior Court of Pennsylvania, 2018
Com. v. Kirksey, A.
Superior Court of Pennsylvania, 2017
Com. v. Springer, E.
Superior Court of Pennsylvania, 2017

Cite This Page — Counsel Stack

Bluebook (online)
862 A.2d 598, 2004 Pa. Super. 422, 2004 Pa. Super. LEXIS 3907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bromley-pasuperct-2004.