Commonwealth v. Guilford

861 A.2d 365, 2004 Pa. Super. 419, 2004 Pa. Super. LEXIS 3920
CourtSuperior Court of Pennsylvania
DecidedNovember 1, 2004
StatusPublished
Cited by56 cases

This text of 861 A.2d 365 (Commonwealth v. Guilford) 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. Guilford, 861 A.2d 365, 2004 Pa. Super. 419, 2004 Pa. Super. LEXIS 3920 (Pa. Ct. App. 2004).

Opinion

OPINION BY

MUSMANNO, J.:

¶ 1 Ellison Guilford (“Guilford”) appeals from the judgment of sentence imposed after he was convicted of robbery and possession of an instrument of crime (“PIC”).1 We vacate the judgment of sentence and remand for re-sentencing.

¶ 2 Guilford was riding a bike at 2:45 a.m. on October 10, 2001, in Philadelphia. Two Philadelphia plainclothes police officers followed him based on information that they had received by radio. When a University of Pennsylvania police car arrived, the officers observed Guilford discard a silver object. The plainclothes officers pulled their car in front of Guilford, exited and identified themselves as police officers. Guilford ran away, and was caught by the police, who arrested him. A search of Guilford’s person produced $7.70 in cash, a black nylon bag containing a key, and medical papers containing the name of Curtis Cesar (“Cesar”). Earlier that day, Guilford had pulled a gun on Cesar, and demanded money from him. Guilford took nine dollars and a bag from Cesar. When the police apprehended Guilford, Cesar identified him.

¶ 8 A jury found Guilford guilty of robbery and PIC. The trial court sentenced Guilford to life in prison on the robbery conviction, pursuant to the “three strikes” statute, 42 Pa.C.S.A. § 9714, and to a consecutive prison term of one and one-half to four years on the PIC conviction. Guilford filed post-sentence Motions, which were dismissed by operation of law. Guilford then filed this timely appeal, in which he raises the following issues:

1. Where Guilford’s sole theory of defense was that the complainant fabricated the robbery allegation after a dispute over a drug deal, did the trial court violate Guilford’s federal and state constitutional rights to confrontation, due process, compulsory process, and right to present a defense, by precluding cross-examination of the complainant or presentation of defense evidence regarding the complainant’s drug use?
2. Did the trial court erroneously admit evidence of an unrelated robbery with which [Guilford] was charged, as such evidence was inadmissible hearsay, improper “other crimes” evidence, and far more prejudicial than probative?
3. Was the prosecutor’s closing argument highly prejudicial and violative of due process in that the prosecutor disparaged defense counsel and [counsel’s] trial strategy, vouched for the credibility of his witness, and commented on facts not in evidence?
4. Was the trial court’s finding that two prior convictions were “strikes” based on insufficient and unreliable evidence and violative of 42 Pa.C.S.A. § 9714 and due process?
5. Is 42 Pa.C.S.A. § 9714(a)(2), which permits an increase of the statutory maximum penalty to life without parole upon a finding that “25 years of total confinement is insufficient to protect the public safety,” violative of the United States and Pennsylvania Constitutions?
6. Is 42 Pa.C.S.A. § 9714(a)(2), which permits an increase of the statutory maximum penalty to life without parole [369]*369upon a finding that “25 years of total confinement is insufficient to protect the public safety,” unconstitutionally vague and standardless, and violative of the due process provisions of the United States and Pennsylvania Constitutions? 7. Is 42 Pa.C.S.A. § 9714(a)(2), which requires an enhanced sentence of 25 to 50 years in prison upon proof of two predicate convictions, unconstitutional under the Pennsylvania and United States Constitutions because there is no right to a jury trial, and proof beyond a reasonable doubt and a formal specific charge in the information are not required?

See Brief of Appellant at 4.

¶ 4 Guilford first argues that the trial court erred or abused its discretion in pi-ecluding him from asking Cesar, at trial, whether Cesar was under the influence of drugs at the preliminary hearing on December 7, 2001. This date was two months after the alleged crime, which occurred on October 10, 2001. Guilford wanted to prove that the preliminary hearing did not proceed on December 7, 2001, because the presiding judge stated that Cesar was “rather high.” Guilford asserts that the trial court’s preclusion of cross-examination of Cesar on this subject undermined his defense that Cesar’s testimony was fabricated, and violated Guilford’s state and federal rights to confrontation and due process.

¶ 5 “A defendant’s right of confrontation includes the right to cross-examine witnesses about possible motives to testify.” Commonwealth v. Dawson, 486 Pa. 321, 405 A.2d 1230, 1231 (1979). However, “a witness may not be contradicted on ‘collateral’ matters, ... and a collateral matter is one which has no relationship to the case at trial.” Commonwealth v. Bright, 279 Pa.Super. 1, 420 A.2d 714, 716 (1980) (citations omitted); accord Commonwealth v. Johnson, 536 Pa. 153, 638 A.2d 940, 942-43 (1994). The scope and limits of cross-examination are within the discretion of the trial judge whose judgment will not be reversed in the absence of a clear abuse of that discretion, or an error of law. Commonwealth v. Birch, 532 Pa. 563, 616 A.2d 977, 978-79 (1992).

¶6 In the instant case, the Commonwealth moved, prior to trial, to exclude evidence that Cesar came to the preliminary hearing on December 7, 2001, under the influence of drugs or alcohol. On that date, Cesar was sworn as a witness, but the preliminary hearing judge continued the hearing based on the judge’s perception that Cesar was under the influence of drugs or alcohol. See N.T., 12/7/01, at 10. The trial court granted the Commonwealth’s Motion to exclude evidence that Cesar had appeared at the December 7, 2001 hearing under the influence of drugs or alcohol.

¶ 7 At trial, on cross-examination of Cesar, Guilford sought to elicit from him whether he had been “high” at the December 7, 2001 hearing. The trial court precluded this attempted cross-examination of Cesar on the grounds that the proffered cross-examination was not relevant to the robbery at issue. We conclude that the trial court did not abuse its discretion in this regard. Although a defendant is permitted to question the motive of a witness to testify, or to fabricate, and is permitted to examine a witness as to interest or bias, “questions about a witness’s drug use at a time other than the time about which the witness is testifying are not permitted.” Commonwealth v. Koehler, 558 Pa. 334, 737 A.2d 225, 239-40 (1999) (citations omitted); accord Commonwealth v. Rizzuto, 566 Pa. 40, 777 A.2d 1069, 1081 (2001).

¶ 8 Further, the mere fact that Cesar was under the influence of drugs or alcohol [370]*370on December 7, 2001 does not, without other evidence, tend to establish or demonstrate that Cesar had a motive to fabricate his testimony at trial. Guilford did not present any other evidence at trial to demonstrate the version of the events that he sets forth in his appellate brief.

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Bluebook (online)
861 A.2d 365, 2004 Pa. Super. 419, 2004 Pa. Super. LEXIS 3920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-guilford-pasuperct-2004.