Commonwealth v. Rankin

715 A.2d 442, 1998 Pa. Super. LEXIS 865
CourtSuperior Court of Pennsylvania
DecidedJune 9, 1998
DocketNo. 328 Harrisburg 1997
StatusPublished
Cited by1 cases

This text of 715 A.2d 442 (Commonwealth v. Rankin) 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. Rankin, 715 A.2d 442, 1998 Pa. Super. LEXIS 865 (Pa. Ct. App. 1998).

Opinions

POPOVICH, Judge:

This is an appeal from the judgment of sentence entered in the Court of Common Pleas of York County, following appellant’s conviction on the charge of driving while operating privilege is suspended or revoked. 75 Pa.C.S.A. § 1543(a). Herein; appellant contends that the lower court erred in failing to dismiss the charge since the prosecution was barred by the applicable statute of limitation, 42 Pa.C.S.A. § 5553(a). The resolution of this issue is centered upon the interplay of the 42 Pa.C.S.A. § 5553(a) and 75 Pa.C.S.A. § 1543(d). Upon review, we find that this prosecution was not barred by the applicable statute of limitations, and, accordingly, we affirm.

Herein, the record reveals the following facts which are relevant to our inquiry of whether the citation against appellant was timely filed by the police. On September 16, 1995, appellant and Patricia Lindamood were involved in a ear accident. Neither appellant nor Ms. Lindamood contacted the police at the time of the accident, and both left the scene. However, before leaving the accident site, Ms. Lindamood obtained appellant’s name, driver’s license number, vehicle registration and auto insurance information.

Later that same day, Ms. Lindamood reported the accident to Officer Scott Altland of the Springettsbury Township Police Department and provided Officer Altland with appellant’s name and operator’s license number. Officer Altland then checked appellant’s operator’s license number through his police radio and learned that appellant’s license was suspended. The following day, Officer Atland contacted the State Police at the Lancaster Barracks and requested that they confirm appellant’s driver’s license information. Later that day, the State Police confirmed the information.

Eventually, on October 10, 1995, Officer Altland spoke to appellant over the telephone, and appellant admitted to his involvement in the accident. Immediately thereafter, Officer Altland requested a certified copy of appellant’s driving record from the Pennsylvania Department of Transportation (hereafter “DOT”). Officer Altland received the certified copy “a week to two weeks” [444]*444later. On November 8, 1995, Officer Altland filed a citation against appellant for his violation of 75 Pa.C.S.A. § 1543, with the district magistrate.

On November 14, 1995, a summons was issued against appellant, and the summons was delivered to appellant the following day by certified mail. Appellant was convicted of the offense, and appellant filed a summary appeal. Following his trial de novo, appellant was convicted of driving while his operator’s license was suspended. Following imposition of sentence, appellant filed this timely appeal.

Herein, appellant contends that the lower court erred in failing to dismiss the charge against him because the prosecution was barred by the applicable statute of limitation, 42 Pa.C.S.A. § 5553(a). Specifically, he contends that the lower court erred in ruling that appellant’s summary citation was issued in a timely manner since the citation was filed and issued more than thirty days after the discovery of both the commission of the offense and the identity of the offender on September 16,1995.

In response to appellant’s statute-of-limitations argument, the lower court determined that Officer Altland did not discover the identity of the offender until October 10, 1995, when appellant admitted his involvement to the officer. Trial Court Opinion, p. 4. The lower court then reasoned that the filing of the citation on November 8, 1995, was timely because it occurred within thirty days of the date when Officer Altland confirmed that appellant was the driver during their telephone conversation. Trial Court Opinion, pp. 4-5. The lower court, citing 75 Pa.C.S.A. § 1543(d) and Commonwealth v. Heckman, 404 Pa.Super. 335, 340-42, 590 A.2d 1261, 1264 (1991), also noted that the officer could not file the citation until he actually received the certified copy of appellant’s driving record from DOT. Trial Court Opinion, pp. 3-4.

As previously stated, the issues in this appeal are centered upon the interplay of 42 Pa.C.S.A. § 5553(a) and 75 Pa.C.SA. § 1543(d). Presently, appellant was charged with driving while his license was suspended, 75 Pa.C.S.A. § 1543(a), which is a summary violation of the Motor Vehicle Code. The applicable statute of limitations to summary offenses involving vehicles is set forth in 42 Pa.C.S.A. § 5553(a), which provides:

Except as provided in subsections (b) or (c), proceedings for summary offenses under Title 75 (relating to vehicles) must be commenced within 30 days after the commission of the alleged offense or within 30 days after the discovery of the commission of the offense or the identity of the offender, whichever is later, and not thereafter.

Consequently, in this appeal, the question we must answer is when the. “discovery” of the commission of the offense or the identity of the offender occurred.

Appellant argues that the commission of the offense and the identity of the offender were both discovered, at the latest, on September 17, 1995, after Ms. Lindamood provided Officer Altland with appellant’s license and auto information and the officer learned appellant’s license was suspended. Thus, appellant submits the prosecution was untimely since the citation was not filed until November 8, 1995, more than thirty days after the discovery of both the offense and the identity of the perpetrator. To the contrary, the lower court concluded that prosecution was not time-barred since the ofñcer Sled the citation within thirty days of learning the identity of the offender on October 10, 1995, when appellant admitted his involvement during a telephone conversation with the officer.

Upon review, we must reject the lower court’s conclusion that Officer Altland learned the identity of the offender on October 10, 1995. Nevertheless, we agree that the citation was timely filed within thirty days of the “discovery of the commission of the offense or the identity of the offender.” Herein, we find that discovery of the commission of the offense and the identity of the offender took place simultaneously when Officer Altland received appellant’s certified driving record “a week or two weeks” after his telephone conversation with appellant on October 10, 1995.1 Thus, the prosecution [445]*445was commenced in a timely manner within thirty days of the discovery of the commission of the offense and the identity of the offender by the filing of the citation with the district magistrate on November 8,1995.

While our decision today may be viewed as creating a legal fiction in regard to the “discovery” of the commission of the offense and, under the facts of this case, the identity of the offender, it is mandated by the application of 75 Pa.C.S.A. § 1543(d) to the facts of this case. 75 Pa.C.S.A. § 1548(d), states:

Prior to filing a citation for a violation of this section with the issuing authority named in the citation, the police officer shall verify the basis for the suspension with the department. Upon receiving the verification, the officer shall cite the appropriate subsection of this section on the citation.

In Heckman, 404 Pa.Super. at 341, 590 A.2d at 1264, we held “that the verification required under this subsection is the receipt of a certified driving record from PennDot.”

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Bluebook (online)
715 A.2d 442, 1998 Pa. Super. LEXIS 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-rankin-pasuperct-1998.