Commonwealth v. Sanchez

595 A.2d 617, 407 Pa. Super. 234, 1991 Pa. Super. LEXIS 2186
CourtSuperior Court of Pennsylvania
DecidedAugust 2, 1991
Docket97
StatusPublished
Cited by10 cases

This text of 595 A.2d 617 (Commonwealth v. Sanchez) 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. Sanchez, 595 A.2d 617, 407 Pa. Super. 234, 1991 Pa. Super. LEXIS 2186 (Pa. Ct. App. 1991).

Opinions

JOHNSON, Judge.

A jury convicted Juan Sanchez of possession of cocaine with intent to deliver and of criminal conspiracy. The Honorable John F. Rauhauser, Jr. imposed a mandatory, minimum sentence of three to six years’ imprisonment and a mandatory fine of $15,000. On this direct appeal from judgment of sentence, Sanchez raises a single issue: Were the several references to Sanchez as an “illegal alien” inadmissible statements of unrelated, prior criminal activity which, by virtue of their prejudicial impact, required that a mistrial be granted?

We determine that the evidence permitted the jury to improperly conclude that Sanchez had engaged in prior criminal conduct. Also, we find the statements to have been irrelevant. We conclude, nevertheless, that the introduction of the testimony of Sanchez’ immigration status was harmless when viewed in the light of the entire record. Accordingly, we affirm the judgment of sentence.

The trial lasted one and one-half days, including jury deliberation of less than one hour. During the assistant district attorney’s opening statement to the jury, while previewing the first portion of the Commonwealth’s case, the following transpired:

[236]*236MS. FAWCETT [ASST.D.A.]: ... .He [Sanchez] also told Officer Concepcion that he was an illegal alien and had come here from the Dominican Republic.
MR. JONES [ASST.P.D.]: Your Honor, can we approach the Bench?
* * * * * *
(Whereupon the following discussion was held on the record at sidebar:)
MR. JONES: We would move for a mistrial based on her reference to the fact that he allegedly said that he was an illegal alien which has no bearing on this case whatsoever.
THE COURT: The motion is denied.....

Transcript of Proceedings, January 8, 1990, page 9. Later the same morning, near the conclusion of the direct examination of the third witness, City of York Police Officer Ed Concepcion, the following occurred:

BY MS. FAWCETT:
Q. Continue, Officer Concepcion, but don’t continue there.
A. I . showed him the utility bill with his name and address of 42 College Avenue on it and I asked him if that was his and he said no. I asked him if Juan Sepeda was the same subject who ran out the back door and he said yes. I also asked Juan Sanchez if he was an illegal alien—
MR. JONES: Objection.
THE WITNESS: And he said yes.
THE COURT: Overruled.
MR. JONES: I would request a mistrial.
THE COURT: Overruled.

Id. at page 37.

Sanchez contends that the trial court erred in denying his requests for a mistrial after the comments were made regarding his status as an illegal alien. Specifically, he argues that those statements connote prior criminal activity for which Sanchez was not being charged. He further [237]*237contends that the prejudicial impact of the statements outweighed their probative value.

A recent formulation of the rule regarding the admissibility of evidence of distinct crimes is set forth by our supreme court in Commonwealth v. Billa, 521 Pa. 168, 555 A.2d 835 (1989), where Justice Larsen declared:

Evidence of a defendant’s distinct crimes are not generally admissible against a defendant solely to show his bad character or his propensity for committing criminal acts, as proof of the commission of one offense is not generally proof of the commission of another. However, this general proscription against admission of a defendant’s distinct criminal acts is subject to numerous exceptions where special circumstances exist which render such evidence relevant for some legitimate evidentiary reason and not merely to prejudice the defendant by showing him to be a person of bad character. Some of the exceptions that this Court has recognized in the past as legitimate bases for admitting evidence of a defendant’s distinct crimes include (but are not limited to): (1) motive; (2) intent; (3) absence of mistake or accident; (4) a common scheme, plan or design embracing commission of two or more crimes so related to each other that proof of one naturally tends to prove the others; (5) to establish the identity of the person charged with the commission of the crime on trial where there is such a logical connection between the crimes that proof of one will naturally tend to show that the accused is the person who committed the other; (6) to impeach the credibility of a defendant who testifies in his trial; (7) situations where defendant’s prior criminal history had been used by him to threaten or intimidate the victim; (8) situations where the distinct crimes were part of a chain or sequence of events which formed the history of the case and were part of its natural development (sometimes called “res gestae” exception).
Of course, the admissibility of evidence is a matter addressed to the sound discretion of the trial court and an [238]*238appellate court may only reverse rulings on admissibility upon a showing that the lower court abused its discretion. As with any evidentiary ruling, the trial court should balance the relevancy and evidentiary need for the evidence of distinct crimes against the potential for undue prejudice.

521 Pa. at 177, 555 A.2d at 840. (Emphasis in original, citations omitted).

In support of the claimed admissibility of the two statements regarding Sanchez’ immigration status, the Commonwealth first looks to Commonwealth v. Bova, 180 Pa.Super. 359, 119 A.2d 866 (1956). There, a police officer was permitted to testify to a statement voluntarily made by one of three co-defendants in a burglary prosecution who had gotten out of a car, walked over to where the police officer had arrived in front of the building being burglarized, and blurted out his claim of innocence and ignorance of any wrongdoing, including his being on parole. We there held that the statement was not admitted for the purpose of showing other distinct crimes but “as a part of the entire action.” Id., 180 Pa.Superior Ct. at 363-64,119 A.2d at 868. We there relied upon Commonwealth v. Davis, 363 Pa. 91, 69 A.2d 123 (1949), which found admission of testimony concerning the defendant’s prior prison service to be harmless, after finding that a timely objection had not been made, the trial court had provided a cautionary instruction following the belated objection, and the evidence was part of an unrepudiated confession.

Since its publication in 1956, the case of Commonwealth v. Bova, supra, has never been cited for the proposition that statements that constitute “part of the entire action” may be admissible. Moreover, the Davis case, upon which the Bova

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Commonwealth v. Sanchez
595 A.2d 617 (Superior Court of Pennsylvania, 1991)

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Bluebook (online)
595 A.2d 617, 407 Pa. Super. 234, 1991 Pa. Super. LEXIS 2186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-sanchez-pasuperct-1991.