Commonwealth v. McClintic

909 A.2d 1241, 589 Pa. 465, 2006 Pa. LEXIS 2272
CourtSupreme Court of Pennsylvania
DecidedNovember 22, 2006
Docket37 EAP 2005
StatusPublished
Cited by136 cases

This text of 909 A.2d 1241 (Commonwealth v. McClintic) is published on Counsel Stack Legal Research, covering Supreme 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. McClintic, 909 A.2d 1241, 589 Pa. 465, 2006 Pa. LEXIS 2272 (Pa. 2006).

Opinions

OPINION

Justice BAER.

This Court granted review of the order of the Superior Court affirming Appellant’s judgment of sentence to consider whether, under the Sentencing Code’s Three Strikes Law, Appellant should have been subject to a sentence enhancement for each crime of violence committed during a single criminal episode. See 42 Pa.C.S. § 9714(a)(2). For the follow[468]*468ing reasons, we answer this question in the negative, and thus vacate the order of the Superior Court and remand to the trial court for re-sentencing consistent with this opinion.

The facts underlying this case are not in dispute. Appellant, John McClintic, burglarized and robbed the home of his 85-year-old neighbor while she was sleeping on June 27, 2002, and again on July 5, 2002. On June 27, 2002, at 2:00 a.m., Appellant broke into the victim’s home, entered her bedroom where she was sleeping, sat on the edge of the bed, and told her that he had a gun and wanted her money. Appellant then took some cash from a wallet and grabbed the victim’s breast, pinched it, and left. Although the victim recognized Appellant as her neighbor, she did not report the incident. Eight days later, Appellant again appeared in the victim’s bedroom in the middle of the night, informed the victim he was armed, and demanded money and jewelry. After taking some cash and jewelry, Appellant struck the victim across the thigh and fled.

This time, the victim notified police and identified Appellant as her attacker. Appellant was arrested and the two criminal episodes were consolidated for trial. The jury rejected his defense of mistaken identification, and found him guilty of robbery, burglary, criminal mischief, and indecent assault arising out of the June 27, 2002 incident, and robbery, burglary, criminal mischief and possession of a controlled substance (Appellant had marijuana at the time of arrest) arising out of the July 5, 2002 incident.

At sentencing, the Commonwealth established that Appellant had two prior convictions for crimes of violence and thus qualified as a “three strikes offender” pursuant to the three strikes provision of the Sentencing Code, 42 Pa.C.S. § 9714(a)(2) (Three Strikes Law), which requires enhanced sentences for repeat violent offenders.1 That provision provides, in pertinent part:

[469]*469§ 9714. Sentences for second and subsequent offenses
(a) Mandatory sentence.—
(1) Any person who is convicted in any court of this Commonwealth of a crime of violence
(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. Proof that the offender received notice of or otherwise knew or should have known of the penalties under this paragraph shall not be required. 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.
(a.l) Mandatory maximum. — An offender sentenced to a mandatory minimum sentence under this section shall be sentenced to a maximum sentence equal to twice the mandatory minimum sentence, notwithstanding 18 Pa.C.S. § 1103 [470]*470(relating to sentence of imprisonment for felony) or any other provision of this title or other statute to the contrary.

42 Pa.C.S. § 9714(a), (a.1).

For the June 27, 2002 incident, pursuant to Section 9714(a)(2), the trial court sentenced Appellant to two consecutive twenty-five to fifty-year terms of imprisonment, one for the robbery and one for the burglary committed on the same date.3 With regard to the incident on July 5, 2002, the trial court sentenced Appellant to two consecutive terms of twenty-five to fifty years of imprisonment, one for the robbery and one for the burglary. The trial court ordered that the sentence imposed for the June 27,2002 incident be served concurrently with the sentence imposed for the July 5, 2002 incident, for an aggregate term of 50 to 100 years.4

Appellant challenged the trial court’s application of the Section 9714(a)(2) sentence enhancement to both offenses committed on June 27, 2000, in a post-sentence motion, which the trial court denied. Appellant appealed to the Superior Court, arguing that Section 9714(a)(2) authorizes a single sentence enhancement per criminal episode, which, in this case, he defined as each group of related crimes committed at a particular time and place, rather than for each separate crime of violence committed during a single criminal episode. See Commonwealth v. McClintic, 851 A.2d 214 (Pa.Super.2004). Appellant maintained that the trial court was limited to imposing only two enhanced sentences, one for the crimes committed on June 27, and another for crimes committed on July 5.5 Applying rules of statutory construction and examining the [471]*471language of Section 9714(a)(2), the Superior Court disagreed, determining that the crucial term in that section is “current offense.” The Superior Court found that this language clearly directs that an enhancement is triggered for each “current offense,” not, as Appellant advocated, for all current offenses, the current criminal episode, or the current criminal transaction, regardless of the number of crimes committed at a given time and place.

Despite this conclusion, the Superior Court also noted that accepting Appellant’s argument would advance the purpose of the Three Strikes Law, which is to ensure that persons who continue to commit violent crimes are incapacitated by a prison sentence of at least twenty-five years. Noting that the enhancement is considerable, the Superior Court reasoned that mandating enhanced sentences for each individual crime of violence in a given criminal episode or encounter could potentially result in draconian sentences for a single criminal transaction. Despite these concerns, the Superior Court felt constrained by the language of Section 9714(a)(2) to conclude that the trial court correctly imposed an enhanced sentence for each enumerated offense of which Appellant was found guilty.

We granted allowance of appeal to determine whether it was proper for the trial court to impose two separate sentence enhancements of twenty-five to fifty years in prison for two crimes, i.e., robbery and burglary, which occurred during the same criminal episode. Appellant does not challenge the discretionary aspects of his sentence, which this Court lacks jurisdiction to review. See 42 Pa.C.S. § 9781(f) (“No appeal of the discretionary aspects of the sentence shall be permitted beyond the appellate court that has initial jurisdiction for such appeals.”); Commonwealth v. Mouzon, 571 Pa.

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Bluebook (online)
909 A.2d 1241, 589 Pa. 465, 2006 Pa. LEXIS 2272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mcclintic-pa-2006.