Commonwealth v. Line

941 A.2d 34, 2008 Pa. Super. 8, 2008 Pa. Super. LEXIS 5, 2008 WL 54241
CourtSuperior Court of Pennsylvania
DecidedJanuary 4, 2008
Docket1602 EDA 2004
StatusPublished
Cited by10 cases

This text of 941 A.2d 34 (Commonwealth v. Line) 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. Line, 941 A.2d 34, 2008 Pa. Super. 8, 2008 Pa. Super. LEXIS 5, 2008 WL 54241 (Pa. Ct. App. 2008).

Opinions

OPINION BY

McCAFFERY, J.:

¶ 1 Appellant, Michael Lane, appeals from the judgment of sentence imposed [35]*35after a jury convicted him of three counts of robbery, two counts of aggravated assault, and one count of possessing an instrument of crime.1 Specifically, Appellant argues that a jury, rather than the judge, should have determined whether to sentence Appellant to life imprisonment without the possibility of parole, pursuant to 42 Pa.C.S.A. § 9714. We conclude that because the protections of the Sixth and Fourteenth Amendments of the United States Constitution do not extend to the fact of prior convictions and because it is solely the existence of two prior convictions that caused Appellant to be eligible to possibly be sentenced within a range of increased penalties, the trial court properly imposed the judgment of sentence. Accordingly, we affirm the judgment of sentence.

¶2 The factual and procedural background of this matter is as follows. On June 19, 2002, Appellant robbed a convenience store located in Bethlehem, Lehigh County. During the incident, Appellant stabbed a store employee in each of her hands. Several witnesses observed Appellant flee from the store, and they immediately alerted a nearby police sergeant to the robbery and Appellant’s flight. Although Appellant managed to escape in a vehicle, the officer noted the vehicle’s license plate number. An investigation into the vehicle’s registration led police to Appellant, who was arrested later that same evening near his home in Easton.

¶ 3 On August 11, 2003, a jury convicted Appellant of the above-referenced offenses. Following trial, the Commonwealth filed a notice of its intention to seek a mandatory minimum sentence pursuant to 42 Pa.C.S.A. § 9714, commonly referred to as the “Three Strikes” provision. At sentencing, the Commonwealth presented evidence that Appellant had previously been convicted of murder in 19722 and third-degree murder in 1978, among other crimes. Accordingly, the court determined the requisite quantum of proof was presented to trigger the provisions of Section 9714. The court also found that the existence of other acts of violence, the fact that Appellant had only been on parole from a 25 year sentence for eighteen months when he committed the instant offenses, and the excessive and unnecessary use of violence upon the victim, established that a sentence of 25 years of incarceration3 was insufficient to protect the public. Thus, a life sentence was imposed, as authorized by Section 9714(a)(2). Appellant filed post-sentence motions, which were ultimately denied. Thereafter, Appellant filed a timely appeal in which he now raises a single issue for resolution by this en banc panel:

Did the trial court err by imposing an illegal, enhanced sentence of life in prison without parole upon Appellant, after the Commonwealth filed a written notice requesting a third strike sentence, pursuant to section [9]714(a)(2) and the trial court found at a hearing without a jury, additional factors (ie. evidence) to have been proven by a preponderance of the evidence?

[36]*36(Appellant’s Brief at 4).4

¶4 Appellant bases his challenge primarily upon 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, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Relying upon these precedents, Appellant argues that the sentence imposed upon him violates his right to trial by jury and to due process by allowing the imposition of greater punishment, i.e., life imprisonment, upon the sentencing court’s finding by a preponderance of the evidence that a minimum sentence of 25 years’ total confinement is insufficient to protect the public. These arguments are without merit and warrant no relief on appeal.

¶ 5 In Apprendi, the United States Supreme Court held that a defendant’s Fourteenth Amendment right to due process and Sixth Amendment right to trial by jury require that any fact, other than that of a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum be submitted to a jury and proved beyond a reasonable doubt. Apprendi, supra at 490, 120 S.Ct. 2348.5 Although the constitutional requirement of a jury trial and proof beyond a reasonable doubt applies to any fact other than a prior conviction that is legally essential to the punishment, it is permissible for judges to exercise discretion in imposing a sentence within the range allowed by statute. Id. at 481, 120 S.Ct. 2348. The Sixth Amendment does not limit a judge’s authority to exercise broad discretion in imposing a sentence within a statutory range. United States v. Booker, 543 U.S. 220, 233, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). “[W]hen a trial judge exercises his discretion to select a specific sentence within a defined range, the defendant has no right to a jury determination of facts that the judge deems relevant.” Id. Only if the authority to impose an enhanced sentence depends upon a fact required to be decided by a jury is a judge prohibited from exercising discretion to impose a sentence within the higher range. Blakely, supra at 305, 124 S.Ct. 2531. Where a judge has- the authority genuinely to exercise broad discretion within a statutory range, there is no Sixth Amendment constraint upon the exercise of that discretion. Cunningham v. California, — U.S.-, 127 S.Ct. 856, 871, 166 L.Ed.2d 856 (2007). The Supreme Court’s “Sixth Amendment cases do not automatically forbid a sentencing court to take account of factual matters not determined by a jury and to increase the sentence in consequence.” Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2465-66, 168 L.Ed.2d 203 (2007).

¶ 6 In the case sub judice, the salient inquiry is the characterization of the triggering facts which define the range of sentences within which the judge could legitimately impose a life sentence. The [37]*37relevant portion of the statute at issue provides as follows:

§ 9714. Sentences for second and subsequent offenses
(a) Mandatory sentence.—
(2) Where the person had at the time of the commission of the current offense previously been convicted of two or more such crimes of violence arising from separate criminal transactions, the person shall be sentenced to a minimum sentence of at least 25 years of total confinement, notwithstanding any other provision of this title or other statute to the contrary. ... Upon conviction for a third or subsequent crime of violence the court may, if it determines that 25 years of total confinement is insufficient to protect the public safety, sentence the offender to life imprisonment without parole.

42 Pa.C.S.A. § 9714(a)(2) (emphasis supplied). By its terms, the statute requires a mandatory minimum sentence of at least 25 years of total confinement upon a conviction of a third crime of violence.6

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Commonwealth v. Line
941 A.2d 34 (Superior Court of Pennsylvania, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
941 A.2d 34, 2008 Pa. Super. 8, 2008 Pa. Super. LEXIS 5, 2008 WL 54241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-line-pasuperct-2008.