Commonwealth v. Thomas

743 A.2d 460, 1999 Pa. Super. 301, 1999 Pa. Super. LEXIS 4108
CourtSuperior Court of Pennsylvania
DecidedDecember 7, 1999
StatusPublished
Cited by24 cases

This text of 743 A.2d 460 (Commonwealth v. Thomas) 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. Thomas, 743 A.2d 460, 1999 Pa. Super. 301, 1999 Pa. Super. LEXIS 4108 (Pa. Ct. App. 1999).

Opinions

JOHNSON, J.:

¶ 1 This matter is before us on appeal by the Commonwealth of Pennsylvania from the judgment of sentence entered following the trial court’s refusal to sentence the defendant under a section of the Pennsylvania Sentencing Code commonly described as the “three strikes” provision [hereinafter section 9714], See 42 Pa.C.S. § 9714. This section provides for imposition of a mandatory sentence on any defendant previously convicted of one or more of thirteen enumerated “crimes of violence.” See id. § 9714(g). Any such person is presumed to be a “high risk dangerous offender” and is subject to substantial sentence enhancement upon conviction of a second or third offense. See id. § 9714(c). If the defendant fails to rebut the statutory presumption, the trial court must impose a sentence of total confinement for at least ten years, and with two prior convictions, twenty-five years to life. See 42 Pa.C.S. § 9714(a)(1), (2) (respectively).

¶ 2 In this case, the trial court determined that the Commonwealth failed to establish the applicability of section 9714(a)(2) because one of the offenses on which the prosecution sought to rely was a juvenile adjudication of delinquency. Accordingly, the question before us on appeal is whether prior juvenile adjudications may be treated as “convictions” for the purpose of sentence enhancement under section 9714(a)(2). We conclude that application of section 9714(a)(2) to juvenile adjudications would expand this provision beyond the scope intended by the legislature and would violate the express language of the Juvenile Act. See 42 Pa.C.S. § 6354(a). Consequently, we concur in the trial court’s refusal to apply the enhancement to the defendant in this case, and we affirm the judgment of sentence.

¶ 3 This action arises out of defendant Lebrón Terrance Thomas’s perpetration of a robbery and assault at the home of an elderly woman in the City of Pittsburgh on June 16, 1996. Thomas was twenty-five years old on the date of these events. On December 5, 1996, a jury found Thomas guilty of burglary, robbery and aggravated assault. See 18 Pa.C.S. §§ 3502, [462]*4623701(a)(l)(i), 3701(a)(l)(ii), 2701(a)(1) (respectively). Because Thomas’s offenses constituted “crimes of violence” as defined by section 9714(g), the Commonwealth petitioned the court to impose the mandatory sentences prescribed by section 9714(a) and served notice on Thomas. In support of its petition, the Commonwealth asserted that Thomas had been convicted of crimes of violence on two prior occasions and was, therefore, subject to a mandatory minimum sentence of twenty-five years to life imprisonment. See 42 Pa.C.S. § 9714(a)(2). Thomas filed a brief in opposition arguing that his juvenile adjudications of delinquency could not be considered prior convictions for purposes of this recidivist sentencing statute.

¶ 4 At the sentencing hearing on February 4, 1997, the Commonwealth offered evidence that Thomas had been convicted as an adult in the State of New York for the crimes of robbery and attempted robbery. Additionally, the Commonwealth asked the court to consider Thomas’s five prior juvenile adjudications for robbery in Allegheny County as convictions for purposes of sentencing under section 9714. The sentencing court, the Honorable Jeffrey A. Manning, found that Thomas’s pri- or adult robbery conviction constituted a “crime of violence” as defined by section 9714(g), but that his robbery attempt conviction did not. The court declined to recognize Thomas’s prior juvenile adjudications as “convictions” under section 9714(a), concluding that such treatment was beyond the intended scope of the enhancement provision and violative of the Juvenile Act. See N.T. Sentencing Hearing, 2/4/97, at 7-8. The court concluded that because the Commonwealth had established Thomas’s conviction of only one prior crime of violence, Thomas was not subject to imposition of sentence under section 9714(a)(2). The court also concluded, however, that because Thomas had previously been convicted of one crime of violence and had not rebutted the presumption that he was a “high risk dangerous offender,” he was subject to the mandatory sentence established by section 9714(a)(1). Accordingly, the court imposed sentences of ten to twenty years’ incarceration for robbery; five to twenty years’ for burglary and five to ten years’ for aggravated assault. The court ordered Thomas to serve the sentences for burglary and aggravated assault consecutively to one another and concurrent to the robbery sentence. The Commonwealth filed this appeal pursuant to section 9714(f), which provides: “If a sentencing court shall refuse to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court.” 42 Pa.C.S. § 9714(f).

¶ 5 The Commonwealth poses the following question for our review:

WHETHER THE TRIAL COURT ERRED IN NOT CONSIDERING AP-PELLEE’S PRIOR JUVENILE ADJUDICATIONS FOR ROBBERY AS PRIOR CONVICTIONS FOR PURPOSES OF APPLYING 42 Pa.C.S. § 9714?

Brief for Appellant at 6. The Commonwealth asserts that the trial court applied too narrow an interpretation to the term “conviction” as used in section 9714, and so erred in refusing to apply the section to Thomas’s juvenile adjudications. Brief for Appellant at 18. The Commonwealth argues that the underlying purpose of section 9714, to deter continued commission of “crimes of violence” by repeat offenders, is better served by a definition of conviction that includes adjudications of juvenile delinquency. See id. at 21-22 (“Juveniles in adult court, who have committed a recent act of violence, and who have a history of violent crime, albeit as a juvenile, are as much a danger to society as an offender with a history of adult convictions for violent behavior.”). In support of the broad interpretation the Commonwealth advances, it relies on our Supreme Court’s interpretation of provisions of Pennsylvania’s death penalty sentencing statute which, like section 9714, provides for con[463]*463sideration of a defendant’s prior record of recidivism as a basis on which to impose sentence. See id. at 21 (citing Commonwealth v. Baker, 531 Pa. 541, 614 A.2d 663 (1992)). We reject the Commonwealth’s position.

¶ 6 The death penalty sentencing statute, which the Supreme Court reviewed in Baker, provides, in pertinent part:

§ 9711. Sentencing procedure for murder of the first degree
(c) Instructions to the jury.—
(1) Before the jury retires to consider the sentencing verdict, the court shall instruct the jury on the following matters:
(i) the aggravating circumstances specified in subsection (d) as to which there is some evidence.
(ii) the mitigating circumstances specified in subsection (e) as to which there is some evidence.
(iv) The verdict must be a sentence of death if the jury unanimously finds at least one aggravating circumstance specified in subsection (d) and no mitigating circumstance or if the jury finds one or more aggravating circumstances which outweigh any mitigating circumstances. The verdict must be a sentence of life imprisonment in all other circumstances.

42 Pa.C.S. § 9711(c)(i), (ii), (iv).

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Commonwealth v. Thomas
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Bluebook (online)
743 A.2d 460, 1999 Pa. Super. 301, 1999 Pa. Super. LEXIS 4108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-thomas-pasuperct-1999.