Commonwealth v. Hanna

124 A.3d 757, 2015 Pa. Super. 211, 2015 Pa. Super. LEXIS 567, 2015 WL 5778734
CourtSuperior Court of Pennsylvania
DecidedOctober 2, 2015
Docket3130 EDA 2014
StatusPublished
Cited by9 cases

This text of 124 A.3d 757 (Commonwealth v. Hanna) 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. Hanna, 124 A.3d 757, 2015 Pa. Super. 211, 2015 Pa. Super. LEXIS 567, 2015 WL 5778734 (Pa. Ct. App. 2015).

Opinion

OPINION BY

JENKINS, J.:

Appellant Travis Aan Hanna appeals from the judgment of sentence entered in the Montgomery County Court of Common Pleas following his open guilty plea to dealing in proceeds of unlawful activities, corruption of minors, and theft by unlawful taking. 1 We affirm.

On March 24, 2013, in Limerick Township, Pennsylvania, Appellant stole a handgun from an unlocked car. N.T., 8/1/14, at 7. At least one juvenile' accompanied Appellant' at the time of the theft. Id. at 8. After learning that the gun belonged to' a member of law ; enforcement, Appellant sold the firearm to Austin Lee Turner, who Appellant knew' by the name of “Lova”. Id. at 7-8. '

On August 1, 2014, Appellant pled guilty to the aforementioned crimes. 2 On October 22, 2014, the trial court sentenced Appellant to eighteen (18) months to seven (7) years of incarceration for theft and an identical, concurrent sentence for dealing in proceeds of unlawful activities. The court also sentenced Appellant to five (5) years of probation for corruption of minors, to commence at sentencing. The court found Appellant was not eligible for the recidivism risk reduction incentive program (“RRRI”). 3

*759 On October 28, 2014, Appellant filed a timely post-sentence motion, which the trial court denied on October 31, 2014.' On November 7, 2014, Appellant filed a timely notice of appeal. On November 10, 2014, the trial court ordered Appellant to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), and he timely complied on November 26, 2014.

Appellant raises the following issue for our review:

[WHETHER] THE TRIAL COURT ERRED IN FINDING APPELLANT INELIGIBLE FOR [RRRI] BECAUSE THE CRIME HE WAS CONVICTED OF [INVOLVED] THE THEFT OF A GUN[?]

Appellant’s Brief at 9.

Appellant argues that his felony was not an offense “involving a deadly weapon” under 61 Pa.C.S. § 4503, and the Commonwealth did not establish the firearm he stole was a deadly weapon. He suggests the handgun was not a deadly weapon because he did not use it to facilitate the crime and had no intention of using it for its inherent purpose. Further, he claims that he does not have a history of violent behavior, and that the offense of theft by unlawful taking does not support a finding of ineligibility in the RRRI statute. Appellant concludes the trial court erred in refusing to find him eligible for RRRI. We disagree. .

Primarily, we note that “[i]t is legal error to fail to impose a RRRI minimum on an eligible offender.” Commonwealth v. Tobin, 89 A.3d 663, 670 (Pa.Super.2014). A challenge to a court’s failure to impose' an RRRI sentence implicates the legality of the sentence. Id. In this context, Appellant challenges the court’s interpretation of a statute.

“[B]ecause statutory interpretation un-plicates a question of law, our -scope of review is plenary, and our standard of review is de novo.” Commonwealth v. Gerald, 47 A.3d 858, 859 (Pa.Super.2012), appeal denied, 618 Pa. 669, 55 A.3d 522 (2012) (quoting Commonwealth v. Arroyo, 991 A.2d 951, 955 (Pa.Super.2010)).

When interpreting a statute:

Gur task is guided by the sound and settled principles set forth in the Statutory Construction Act, including the primary maxim that the object of statutory construction is to ascertain and effectuate legislative intent. 1 Pa.C.S. § 1921(a). In pursuing that end, we are mindful that “[w]hen the- words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” 1 Pa.C.S. § 1921(b). Indeed, “[a]s a 'general rule, the best indication of legislative intent is the plain language of a statute.” In reading the" plain language, “[w]ords and phrases shall be construed according to rules of grammar and according to their common and approved usage,” while any words or phrases'that have acquired a “peculiar and appropriate meaning” must be construed according to that meaning. 1 Pa.C.S. [§ ] 1903(a). However, when interpreting non-explicit statutory text, legislative intent may be gleaned from a variety of factors, including, inter alia: the occasion and necessity for the statute; the mischief to be remedied; the object to be attained; the consequences of a particular interpretation; and the contemporaneous legislative history. 1 Pa.C.S. § 1921(c). Moreover, while ■ statutes generally should be construed liberally, penal statutes are always to be construed strictly, 1 Pa.C.S. § 1928(b)(1), and any ambiguity in a pe *760 nal statute should be interpreted in favor of the defendant.

Commonwealth v. Wilson, 111 A.3d 747, 751 (Pa.Super.2015), reargument denied, Apr. 17, 2015 (quoting Commonwealth v. Shiffler, 583 Pa. 478, 879 A.2d 185, 189-190 (2005)).

61 Pa.C.S. § 4503 defines an “eligible offender” for RRRI purposes as follows:

“Eligible offender.” A defendant or inmate convicted of a criminal offense who will be committed to the custody of the department and who meets all of the following eligibility requirements:
(1) Does not demonstrate a history of present or past violent behavior.
(2) Has not been subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing or the attorney for the Commonwealth has not demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or offense under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or the equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.
(3) Has not been found guilty of or previously convicted of or adjudicated delinquent for or an attempt or conspiracy to commit a personal injury crime as defined under section 103 of the act of November 24, 1998 (P.L. 882, No. Ill), known as the Crime Victims Act, except for an offense under 18 Pa.C.S. § 2701 (relating to simple assault) when the offense is a misdemeanor of the third degree, or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.

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Cite This Page — Counsel Stack

Bluebook (online)
124 A.3d 757, 2015 Pa. Super. 211, 2015 Pa. Super. LEXIS 567, 2015 WL 5778734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hanna-pasuperct-2015.