Commonwealth v. Perfetto

169 A.3d 1114, 2017 Pa. Super. 281, 2017 WL 3776631, 2017 Pa. Super. LEXIS 657
CourtSuperior Court of Pennsylvania
DecidedAugust 30, 2017
DocketCom. v. Perfetto, M. No. 2479 EDA 2015
StatusPublished
Cited by56 cases

This text of 169 A.3d 1114 (Commonwealth v. Perfetto) 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. Perfetto, 169 A.3d 1114, 2017 Pa. Super. 281, 2017 WL 3776631, 2017 Pa. Super. LEXIS 657 (Pa. Ct. App. 2017).

Opinions

OPINION BY

RANSOM, J.:

The Commonwealth of Pennsylvania appeals from the order entered July 13,2015, granting Appellee Marc Perfetto’s motion to dismiss, which asserted a violation of Pennsylvania’s compulsory joinder rule. See 18 Pa.C.S. § 110. Subject to certain jurisdictional exceptions, which will be explained herein, we hold that the subsequent prosecution of an offense arising out of a criminal episode that had triggered the former prosecution of a different offense is barred where those multiple offenses occur in the same judicial district. However, because of jurisdictional exceptions applicable to Philadelphia, the holding of the trial court is reversed.

We derive the following statement of facts and procedural background of this case from the trial court’s opinion, which in turn is supported by the record. See Trial Ct. Op., 11/6/2015, at. 1-2. In July 2014, Appellee was arrested in the City and County of Philadelphia1 and charged with three counts of driving under the influence (“DUI”) and the summary offense of driving without lights when required.2 In September 2014, Appellee was found guilty of the summary traffic violation following a trial in absentia in the Philadelphia Municipal Court Traffic Division. Thereafter, the Commonwealth proceeded separately on the DUI charges in the Philadelphia Municipal Court General Division. Following a preliminary hearing, Appellee was held over for court and the matter was listed for trial in the Philadelphia Court of Common Pleas.

In June 2015, Appellee filed a motion to dismiss, asserting that subsection (l)(ii) of 18 Pa.C.S. § 110, known as the compulsory joinder rule, barred his prosecution for DUI. See Motion to Dismiss, 6/4/2015, at 1 (asserting that he had already been tried for the offenses charged); see.also Memorandum in Support, 6/4/2015, at 1-3 (suggesting dismissal was appropriate because the multiple charges filed against him arose from the, same criminal episode, occurred within the same judicial district, and the Commonwealth was aware of the charges.).

Following a hearing, the trial court granted Appellee’s motion to dismiss. The court noted that (1) an earlier prosecution had resulted in a conviction for a summary traffic offense; (2) Appellee’s DUI charges arose from the same criminal episode; (3) the Commonwealth was aware of the multiple charges; and (4) all charges occurred in the same judicial district. See Trial Ct. Op., 11/6/2015, at 3 (citing in support Commonwealth v. Reid, 621 Pa. 245, 77 A.3d 579, 582 (2013)). The court also referenced the recent restructuring of Philadelphia Municipal Court,- in which that court ab[1117]*1117sorbed the former Traffic. Court of Philadelphia. See Act 17-2013 (S.B. 334), P.L. 55 (2013).3 According to the court, the merger brought charges' within the jurisdiction of the same court, and the court reasoned that the policy aims of Í8 Pa.C.S. § 110(l)(ii) dictated that the secondary prosecution be barred. Trial Ct. Op., 11/6/2015 at 4-5! After careful analysis, we disagree.

In August 2015, the Commonwealth filed a notice of appeal and a Pa.R.A.P. 1925(b) statement. The- trial court issued a responsive opinion. A panel of this Court sua sponte sought en banc certification of this matter to address the effect of amended language of the compulsory joinder rule on our Commonwealth, and certification was granted on August 30, 2016. Both parties submitted additional briefs, and this case was argued before the Court en banc on December 13, 2016.

The issue presented is whether the trial court erred when it dismissed. DUI charges pursuant to 18 Pa.C.S. § 110 based on the prior adjudication of Appel-lee’s summary traffic offense. Commonwealth’s Brief at 4. Whether the lower court misapplied the 2002 amendment raises a question of law, and thus our standard of review is de novo, and our scope of review is plenary. See Commonwealth v. Fithian, 599 Pa. 180, 961 A.2d 66, 72 (2008). A statute’s plain language generally offers the best indication- of the General Assembly’s intent. Martin v. Commonwealth, Dep’t of Transp., Bureau of Driver Licensing, 588 Pa. 429, 905 A.2d 438, 443 (2006). “When the words of a statute are clear and unambiguous, there is no need to look beyond the plain- meaning of ¡the statute ‘under the pretext of pursuing its spirit.’ ” Fithian, 961 A.2d at 74 (citing 1 Pa.C.S. § 1921(b)); see also Commonwealth v. Veon, 150 A.3d 435, 445 (Pa. 2016).

“Section 110 is a codification of the rule announced by our Supreme Court in Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (Pa.1973), vacated and remanded, 414 U.S. 808, 94 S.Ct. 73, 38 L.Ed.2d 44 (1973), reinstated, 455 Pa. 622, 314 A.2d 854 (1974), cert. denied, 417 U.S. 969, 94 S.Ct. 3172, 41 L.Ed.2d 1139 (1974).” Commonwealth v. Gimbara, 835 A.2d 871, 374 (Pa. Super. 2003). In Cam-pana, our “Supreme Court held that ‘the Double Jeopardy Clause requires a prosecutor to bring, in a single proceeding, all known charges against a defendant arising from a single criminal episode.’ ” Id. at 374 (quoting Campana, 304 A.2d at 441).4 The compulsory joinder rule serves two distinct policy considerations:

(1) to protect a person accused of crimes from governmental harassment [1118]*1118of being forced to undergo successive trials for offenses stemming from the same criminal episode; and (2) as a matter of judicial administration and economy, to assure finality without unduly burdening the judicial process by repetitious litigation.
Commonwealth v. Hude, 500 Pa. 482, 458 A.2d 177, 180 (1983). It is well-established that the “burden to protect a defendant from vexatious litigation and to conserve judicial resources rests squarely on the shoulders of the Commonwealth, and thus, it is the Commonwealth’s burden, rather than the defendant’s, to move for consolidated trials.” Commonwealth v. Failor, 564 Pa. 642, 770 A.2d 310, 313-15 (2001) (citing Commonwealth v. Stewart, 493 Pa. 24, 425 A.2d 346, 349-50 (1981)); Commonwealth v. Muffley, 493 Pa. 32, 425 A.2d 350, 352 (1981); Commonwealth v. Holmes, 480 Pa. 536, 391 A.2d 1015, 1018 (1978). The Court may only find waiver of the compulsory joinder rule when a defendant affirmatively acts to separate the prosecutions pending against him. Failor, 770 A.2d at 314-15 (citing Stewart, 425 A.2d at 349-50); see also Commonwealth v. Tarver, 467 Pa. 401, 357 A.2d 539 (1976).5
Prior to the 2002 amendment, Pennsylvania’s compulsory joinder statute stated in relevant part:
§ 110. When prosecution barred by former prosecution for different offense

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Atkinson, D.
2021 Pa. Super. 208 (Superior Court of Pennsylvania, 2021)
Com. v. Jordan, G.
Superior Court of Pennsylvania, 2021
Com. v. Pammer, K.
2020 Pa. Super. 119 (Superior Court of Pennsylvania, 2020)
Com. v. Nguyen, D.
Superior Court of Pennsylvania, 2019
Com. v. Johnson, D.
2019 Pa. Super. 312 (Superior Court of Pennsylvania, 2019)
Commonwealth v. Brown
212 A.3d 1076 (Superior Court of Pennsylvania, 2019)
Commonwealth v. Perfetto, M., Aplt.
207 A.3d 812 (Supreme Court of Pennsylvania, 2019)
Com. v. Forman, K.
Superior Court of Pennsylvania, 2019
Com. v. W. W.
Superior Court of Pennsylvania, 2019
Com. v. Hubbard, T.
Superior Court of Pennsylvania, 2019
Com. v. Nichols, W.
Superior Court of Pennsylvania, 2019
Com. v. Streater, J.
Superior Court of Pennsylvania, 2018
Com. v. Connor, A.
Superior Court of Pennsylvania, 2018
Com. v. Tinsley, T.
Superior Court of Pennsylvania, 2018
Com. v. Hymon, J.
Superior Court of Pennsylvania, 2017
Com. v. Solomon, M.
Superior Court of Pennsylvania, 2017
Com. v. Horn, K.
Superior Court of Pennsylvania, 2017
Com. v. Davis, E.
Superior Court of Pennsylvania, 2017
Com. v. Hall, F.
Superior Court of Pennsylvania, 2017
Com. v. Scott, R.
Superior Court of Pennsylvania, 2017

Cite This Page — Counsel Stack

Bluebook (online)
169 A.3d 1114, 2017 Pa. Super. 281, 2017 WL 3776631, 2017 Pa. Super. LEXIS 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-perfetto-pasuperct-2017.