Commonwealth v. Coulverson

34 A.3d 135, 2011 Pa. Super. 255, 2011 Pa. Super. LEXIS 3761
CourtSuperior Court of Pennsylvania
DecidedNovember 29, 2011
StatusPublished
Cited by296 cases

This text of 34 A.3d 135 (Commonwealth v. Coulverson) 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. Coulverson, 34 A.3d 135, 2011 Pa. Super. 255, 2011 Pa. Super. LEXIS 3761 (Pa. Ct. App. 2011).

Opinions

OPINION BY

BENDER, J.:

Terence Coulverson appeals the judgment of sentence imposed following his entry of an open plea of guilty, to charges of Rape, Involuntary Deviate Sexual Intercourse (IDSI), Sexual Assault, Aggravated Indecent Assault, Indecent Assault (two [139]*139counts), Robbery, Unlawful Restraint, and Terroristic Threats, (CP-02-CR-11616-2009) as well as False Identification to Law Enforcement (CP-02-CR-11615-2009), Burglary (four counts), and Robbery (CP-02-CR-12732-2009), Theft (two counts) and Receiving Stolen Property (CP-02-CR-14986-2009). Following review of a pre-sentence investigation (PSI) report, the trial court imposed an aggregate sentence commencing in the standard range of the Sentencing Guidelines, and running to the statutory maximum for each of the offenses on which sentence was imposed. Consequently, Coulverson’s sentence spans 18 to 90 years in prison. In this appeal, Coulverson concedes the appropriateness of the lower range of the sentence but contests the imposition of multiple statutory máximums which, even given his youthful age of nineteen, may constitute a life sentence and do require life on parole. Coulverson asserts, inter alia, that such a sentence is manifestly excessive and that the trial court failed to state sufficient reasons on the record to justify its imposition. Upon review, we conclude that the sentence imposed for Aggravated Indecent Assault exceeds the statutory maximum, and that the trial court’s imposition of release conditions on this state-level sentence exceeds its lawful authority. Moreover, we find the maximum sentence imposed “clearly unreasonable” within the meaning of 42 Pa.C.S. § 9781(c). Accordingly, we vacate Coul-verson’s judgment of sentence and remand this case for re-sentencing.

At the guilty plea hearing, the Commonwealth’s offers of proof established that Coulverson committed a series of crimes spanning the period from July 10 to July 12, 2009. The first of those offenses, charged at CP-02-CR-11616-2009, consisted of rape and related sex offenses. Had the case been presented at trial, the evidence would have shown that on the night of July 10, the victim alighted from a bus at the corner of Stanton and Negley Avenues in Pittsburgh en route to her home in the Stanton Heights section of the city. As the victim walked up Stanton Avenue, occasionally turning to watch for an oncoming bus, she talked on a cell phone with her mother, who expressed concern for the victim’s safety given the location and the time of night. Coulverson followed the victim up the street, and as she talked, he quickened his pace, closing in behind her. When he got near enough, Coulverson assaulted the victim from behind, grabbing her in a headlock and dragging her down a wooded embankment somewhere in the vicinity of Morningside. On the other end of the phone, the victim’s mother heard sounds of a struggle and then the connection went dead, as Coulver-son covered the victim’s mouth and snatched and broke the victim’s cell phone. N.T. Guilty Plea, 1/31/11, at 10-21.

As the victim’s mother called the police to come to her daughter’s aid, Coulverson continued the assault shoving the victim to the ground, throttling her about the neck and lying on top of her as she attempted to scream and fight. However, overpowered, fearful for her life, and uncertain that anyone would hear her continued screams, the victim began to cooperate as Coulverson tore off her pantyhose and removed her underwear. He then exposed himself, rubbed his penis over her lower body, and inserted himself, asking the victim if it was in and if it felt good. As the victim begged Coulverson not to hurt her, telling him that she had a family, he removed his penis and penetrated her anus and vagina with his fingers. As the victim again began to cry, Coulverson demanded that she perform oral sex on him and, when she did, asked if she ever did it with her husband. He then performed oral sex on her and pulled up her jacket and blouse, [140]*140licking her breast and abdomen. Ultimately, Coulverson ended the assault by asking the victim if she had any money and then rifling through her purse and taking $10 and her bank card, as well as some receipts. He then told the victim to count to twenty while he ran from the scene. After the victim had counted, she made her way to Stanton Avenue and flagged down a passing car, the driver of which stopped and assisted her, taking her to a local hospital. An examination revealed abrasions on the victim’s neck, face, eyes, hand, large chunks of dirt under her fingernails, scratches and abrasions on the main part of her body as well as dirt and debris around her vulva and near her anus. Id.

Subsequently, the victim provided details to a police sketch artist who created a likeness, on the basis of which investigators apprehended Coulverson. Although he initially provided a false name, Coulver-son then admitted he had lied and police arrested him for false identification. After being issued a Miranda warning, Coulver-son offered a confession the details of which were substantially identical to those provided by the victim. DNA testing of the assailant’s saliva and semen samples retrieved from the victim showed an amylase match of one 1 in 38,000, and a spermatozoa match of 1 in 44,000,000. Id.

Additional evidence would have established that on the days following the rape, Coulverson burgled, robbed, or assaulted four additional victims. On July 11, 2009, Coulverson broke into the Hampton Avenue home of Elizabeth Doming on the first of three occasions. During those break-ins, Coulverson stole a laptop computer as well as change and other items in the house. Afterward, he walked down the street looking for unlocked vehicles, finding a Hyundai Accent in which the owner, Richard Shannon, had left the keys. Coul-verson absconded with the vehicle, took $20 he found inside and then abandoned the car on a nearby street when it developed a flat tire.

Coulverson continued victimizing the Hampton Avenue neighborhood on July 12 when, as Paula Beattie alighted from a bus en route to her home, Coulverson knocked her to the ground, covered her nose and mouth and threatened her, warning that he had an anger problem and that she had better not scream. Although Beattie was able to escape, Coulverson made off with her purse, cell phone and keys. Finally, on July 26 and 27, Coulverson broke into the home of Amanda Makarevich, entering through a rear window, and stole alcohol, a digital camera, and a cell phone.

Following his apprehension, Coulverson confessed his crimes to the police and ultimately entered the open plea of guilty that is basis for the sentence at issue here. The trial court ordered a pre-sentence investigation. The resulting report showed that Coulverson committed his crimes at the age of nineteen after a series of hardships in childhood that included the loss of his mother in an auto accident when he was six, followed by life for seven years with an abusive alcoholic stepfather, an adjudication of dependency and a foray into drug abuse. At the time of these events, Coulverson was living in an abandoned house that had belonged to his deceased grandmother and had no means of sustenance.

In advance of sentencing, the trial court reviewed the PSI report and also received testimony on Coulverson’s behalf from his sister and his maternal aunt. The Commonwealth, in turn, presented victim impact testimony from Elizabeth Douring as well as rape victim, J.T., her mother, her husband, and a friend. Thereafter the trial court imposed the sentence at issue here. Coulverson filed a motion for post-

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Bluebook (online)
34 A.3d 135, 2011 Pa. Super. 255, 2011 Pa. Super. LEXIS 3761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-coulverson-pasuperct-2011.