Commonwealth v. Fullin

892 A.2d 843, 2006 Pa. Super. 17, 2006 Pa. Super. LEXIS 45
CourtSuperior Court of Pennsylvania
DecidedFebruary 1, 2006
StatusPublished
Cited by372 cases

This text of 892 A.2d 843 (Commonwealth v. Fullin) 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. Fullin, 892 A.2d 843, 2006 Pa. Super. 17, 2006 Pa. Super. LEXIS 45 (Pa. Ct. App. 2006).

Opinion

OPINION BY

STEVENS, J.:

¶ 1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Lehigh County following Appellant’s conviction on the charges of endangering the welfare of children, 18 Pa. C.S.A. § 4304(b), and reckless driving, 75 Pa.C.S.A. § 3736(a). Appellant contends (1) the trial court erred in imposing an aggravated range sentence without considering the nature and circumstances of the offense, and the history and characteristics of Appellant, (2) the trial court failed to state sufficient reasons on the record to support an aggravated range sentence, (3) the trial court erred in ordering Appellant to serve his sentence in a state correctional institution, and (4) the trial court erred in including as a condition of Appellant’s parole and probation supervision that he be prohibited from operating any motor vehicle for the entire five year period of his supervision. We affirm.

¶ 2 The trial court set forth the procedural history and facts as follows:

On January 10, 2005, the Petitioner pled guilty before this Court to one count each of Endangering the Welfare of Children and Reckless Driving, stemming from a motor vehicle accident on March 27, 2004, which left the Petitioner’s son, [G.F.], a paraplegic.
On February 14, 2005, after consideration of a Pre-sentence Investigation Report and testimony presented on behalf of the Commonwealth and the Petitioner, the Petitioner was sentenced to pay the costs of prosecution, make restitution to Cheryl Fullin in the amount of $231.25, undergo imprisonment for a period of not less than one nor more than three years in a State Correctional Institution, two years of consecutive probation (to be supervised by Lehigh County Probation and Parole), and 200 hours of community work service. Furthermore, the Petitioner was sentenced to pay a fine of $200.00 (for the charge of Reckless Driving) and is prohibited from driving a motor vehicle during the period of his parole and probation supervision.
A standard range sentence for Endangering the Welfare of Children was Restorative Sanctions to 9 months and the aggravated sentence was 12 months.
On February 16, 2005, the Petitioner filed a Motion for Reconsideration and Modification of Sentence-Such Mo *846 tion was Denied by this Court on February 17, 2005;
On March 7, 2005, the Petitioner filed a Notice Of Appeal to the Superior Court of Pennsylvania. On March 16, 2005, the Petitioner was ordered to file a Statement of Matters Complained Of within fourteen days. On March 29, 2005, the Petitioner filed the Statement, outlining the same objections' he had already suggested in his Motion for Reconsideration and Modification of Sentence.
On March 27, 2004 at approximately 4 p.m., the Petitioner was driving a red 2002 Pontiac Firehawk [sic] Trans-Am sports car northbound on MacAxthur Road (in the area of Route 329), Lehigh County, Pennsylvania, when he came to a traffic light. Witnesses .to the accident related to the Pre-sentence Investigator that while at the light, the Petitioner “revved his engine” and when the light turned green, sped off, traveling a perceived rate of 120 mph. After the traffic light changed to green, the Petitioner accelerated at an excessive rate of speed. Based on evidence of the accident reconstruction and the testimony of witnesses interviewed for the PSI, it was determined that the Petition [sic] was traveling at an approximate speed of 112 miles per hour in a 55 miles per hour zone. His vehicle “fish-tailed” and the Petitioner lost control of the vehicle, which began to cross over the left lane and west berm of the road.' The vehicle struck a guardrail with its left side, traveled 45 feet north, and then went through the guardrail. The vehicle fell thirty to thirty-five feet, flipping over numerous times, before coming to rest on the driver’s side door. A subsequent examination of the Firehawk [sic] revealed that the car’s suspension, steering, exhaust and breaks [sic] were in good condition and did not contribute to the crash. At the time of the accident, the Petitioner was traveling with his son, [G.F.], then eleven years old.
When the Trans-Am finally came to its resting place, the victim, [G.F.], was upside down, partially ejected from the car. An off-duty Whitehall police officer responding to the accident debris he witness [sic], assisted in removing the screaming child from his seatbelt (which had been wrapped around his upper chest). The Petitioner was pinned by the car and was unconscious. Both [G.F.] and the Petitioner were flown by helicopter to Lehigh Valley Hospital.
As a result of the accident, [G.F.], now twelve years old, is a paraplegic. He sustained massive spinal damage, three fractures to his skull, a collapsed lung, pelvic injury and broken bones in his chest and arms. At the time of his injuries, he was not expected to live. Interviewed after the accident, [G.F.] recalled that he saw the speedometer of the Trans-Am register at 95 miles per hour and heard the Petitioner utter an expletive immediately before the crash.
During his interview for the Pre-sen-tence Investigation Report, the Petitioner admitted to recalling only “bits and pieces” of the accident and that he “was responsible” and knew that he made a “bad decision.” See Pre. Sent. Rpt. P. 3. In addition, he stated that out of habit, he would' typically travel 70 miles per hour on that stretch of MacArthur Road. In addition, the Petitioner related that as part of his chronic pain management, he ingested two Vicodin tablets during the day of the accident, but did not feel as though his consumption played a significant role in the accident.
[G.F.],' now 12 years old, remains wheelchair-bound. After the accident, [G.F.] received treatment at Lehigh Valley Hospital and the Children’s Hospital *847 of Philadelphia, and continues with therapy at the Spinal Cord Injury Program at Good Shepard Rehabilitation Hospital. Although typically an honor roll student, [G.F.J’s grades have declined recently. [G.F.] resides with his mother (the Petitioner’s estranged wife), Cheryl Fullin. At the time of sentencing, both Cheryl Fullin and [G.F.] spoke regarding their thoughts about the accident and the Petitioner. Cheryl Fullin informed the Court about [G.F.j’s struggles following the accident and his prognosis for the future. [G.F.] read a letter to his father, the Petitioner, explaining his emotional and physical pain.
Following the accident, the Petitioner made an “impulse buy” of a 2001 Z06 Corvette, worth approximately $35,000. 1 At the time of sentencing, the Petitioner (through his counsel) stated that he has chronic pain and that he undergoes psychotherapy. He stated that he was very affected by the accident, even attempting suicide. He also expressed a desire to engage in family counseling so that he could help take care of his son and “give back” to his family and the community. In addition to the Petition [sic], several other members of the community spoke about the Petitioner’s involvement in church groups and devotion as a father.

Trial Court Opinion, 5/31/05, at 1-5.

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Bluebook (online)
892 A.2d 843, 2006 Pa. Super. 17, 2006 Pa. Super. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-fullin-pasuperct-2006.