Commonwealth v. Soboleski

617 A.2d 1309, 421 Pa. Super. 311, 1992 Pa. Super. LEXIS 4268
CourtSuperior Court of Pennsylvania
DecidedDecember 17, 1992
Docket146
StatusPublished
Cited by13 cases

This text of 617 A.2d 1309 (Commonwealth v. Soboleski) 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. Soboleski, 617 A.2d 1309, 421 Pa. Super. 311, 1992 Pa. Super. LEXIS 4268 (Pa. Ct. App. 1992).

Opinions

CIRILLO, Judge:

This is an appeal from a judgment of sentence entered in the Court of Common Pleas of Lycoming County. We affirm.

Appellant Wayne Edward Soboleski was charged with driving while operating privilege is suspended or revoked in violation of section 1543(a) of the Motor Vehicle Code. Following a summary trial before a district justice, Soboleski was found guilty. Because Soboleski had two prior section 1543(a) violations, he was sentenced to thirty days imprisonment and a $500.00 fine pursuant to 75 Pa.C.S. § 6503.

Soboleski appealed. After a de novo trial, the Court of Common Pleas of Lycoming County issued an order finding Soboleski guilty of violating section 1543. Thereafter, Soboleski was sentenced to thirty days imprisonment and a fine of $541.50. On appeal to this court, Soboleski contends that his due process rights were violated because he was sentenced for his violation of section 1543 as a habitual offender under section 6503 without having been charged under section 6503. The argument Soboleski presents is that section 6503 is a distinct statute, a separately chargeable offense, and, as such, the Commonwealth was required to charge him with a section 6503 offense before he could be sentenced under section 6503. We disagree.

Having reviewed the relevant provisions of the Motor Vehicle Code and this court’s en banc decision in Commonwealth v. Sperry, 395 Pa.Super. 400, 577 A.2d 603 (1990), we find that section 6503 of the Motor Vehicle Code is not a separately chargeable offense. A thorough inspection of Chapter 65 of the Motor Vehicle Code, the rules of statutory construction, 1 Pa.C.S. '§§ 1901 et seq., and the relevant case [313]*313law, leads us to the conclusion that section 6503 is a penalty enhancement provision for which no prior notice need be given. See Commonwealth v. Lyons, 395 Pa.Super. 184, 576 A.2d 1105 (1990) (en banc); see also Commonwealth v. Bernal, 411 Pa.Super. 44, 600 A.2d 993 (1992). We, therefore, affirm appellant Soboleski’s judgment of sentence.

Soboleski would have us reach the determination that a person charged with a violation of section 1543 (driving while license is suspended or revoked) cannot be sentenced under section 6503 (penalty enhancement provision for recidivism of certain offenses, namely section 1543) unless the Commonwealth charges under section 6503, alleging the prior section 1543 violation and conviction in the complaint. In support of his argument, Soboleski relies upon the following language in Sperry: “to sustain a charge under section 6503, it was necessary for the Commonwealth to allege in the complaint under the enhancement section, the prior violation and conviction under section 1543.” Sperry, 395 Pa.Super. at 405, 577 A.2d at 606. For the following reasons, we have determined that Soboleski’s reliance on this statement is neither persuasive nor applicable in this context.

Initially, we note that we may infer from the title of Chapter 65 of the Motor Vehicle Code, “Penalties and Disposition Fines,” that the legislature intended the chapter as a penalty provision, and not as a provision for the enumeration of additional offenses. See 1 Pa.C.S, § 1924 (“The headings prefixed to ... chapters may be used to aid in the construction thereof.”); see also Commonwealth v. Magwood, 503 Pa. 169, 469 A.2d 115 (1983). The titles and provisions of the various sections in this chapter are consistent with this construction. Section 6501 defines the term “conviction” for the purpose of determining whether the enhancement provision applies.

Especially significant, as discussed in Commonwealth v. Reagan, 348 Pa.Super. 589, 502 A.2d 702 (1985) (en banc) and Commonwealth v. Bernal, 411 Pa.Super. 44, 600 A.2d 993 (1992), is section 6502 of the Motor Vehicle Code. Section 6502(a) provides that any violation of Title 75 is a summary [314]*314offense “unless' the violation is by this title or other statute of this Commonwealth declared to be a misdemeanor or a felony.” 75 Pa.C.S. § 6502(a). The underlying offense here, a section 1543 violation, is a summary offense. See 75 Pa.C.S. § 6502(a); see also 75 Pa.C.S. § 1543(a) (defining offense of driving while operating privilege is suspended or revoked as a summary offense). Section 6502(c) specifically provides that the classification section of the Crimes Code (relating to grading of offenses), see 18 Pa.C.S. § 106(c), is inapplicable insofar as it relates to fines and imprisonment for convictions of summary offenses. Thus, despite the fact that the sentence is enhanced,1 the nature and grade of the underlying offense, enumerated in section 1543, remains the same—it is a summary offense notwithstanding the enlarged penalty. See Bernal, supra; see also Lyons, supra (a second offense of driving while operating privileges are under suspension was intended by the legislature to be a summary offense rather than a misdemeanor).

In Sperry, the appellant argued that his guilty plea was invalid because he was not notified of his right to a jury trial. At the time of Sperry’s offense, section 6503 provided for a maximum sentence of up to one year imprisonment. 75 Pa.C.S. § 6503, P.L. 544, No. 96, § 3. The statute was amended in 1986, and now provides for a maximum prison term of six months. Significant to the holding in Sperry is the fact that the sentence enhancement in section 6503, prior to 1986, upgraded the offense from a summary offense to a misdemeanor. Cfi Commonwealth v. Lyons, supra (a second [315]*315violation of 75 Pa.C.S. § 1543(a) is a summary offense). The Sperry court specifically noted the distinction between that case and Lyons, stating: “Lyons may be distinguished from this case in that section 6503 as construed there, involved the amendment of 1986, which reduced the penalty from one year imprisonment to six months and therefore meets the test for proceeding without a jury ...” 395 Pa.Super. at 406 n. 5, 577 A.2d at 606 n. 5. The statute construed in Sperry was the original of section 6503, not the 1986 amended statute. Additionally, we point out that the Sperry court’s statement that “it was necessary for the Commonwealth to allege in the complaint under the enhancement section, the prior violation and conviction under section 1543” is merely a reiteration of the appellant’s argument; it is not the court’s holding.

In Reagan, supra, this court was presented with the question of whether the Commonwealth must allege prior convictions in its information in order to subject the defendant to the recidivist provisions of 75 Pa.C.S. § 3731 (pertaining to driving under the influence). The court distinguished a long line of cases which held that the Commonwealth was required to allege prior convictions in the information applying recidivist penalties under a variety of statutes. See, e.g., Rauch v. Commonwealth, 78 Pa. 490 (1875); Commonwealth v. Payne, 242 Pa. 394, 89 A. 559 (1913); Commonwealth v.

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Commonwealth v. Soboleski
617 A.2d 1309 (Superior Court of Pennsylvania, 1992)

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Bluebook (online)
617 A.2d 1309, 421 Pa. Super. 311, 1992 Pa. Super. LEXIS 4268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-soboleski-pasuperct-1992.