Geitgey v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

704 A.2d 198, 1997 Pa. Commw. LEXIS 919, 1997 WL 795651
CourtCommonwealth Court of Pennsylvania
DecidedDecember 31, 1997
DocketNo. 3360 C.D. 1996
StatusPublished

This text of 704 A.2d 198 (Geitgey v. Commonwealth, Department of Transportation, Bureau of Driver Licensing) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geitgey v. Commonwealth, Department of Transportation, Bureau of Driver Licensing, 704 A.2d 198, 1997 Pa. Commw. LEXIS 919, 1997 WL 795651 (Pa. Ct. App. 1997).

Opinion

KELLEY, Judge.

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (DOT), appeals from an order of the Court of Common Pleas of Mercer County (trial court). The trial court’s order granted Ryan David Geitgey’s request to set aside DOT’s six-month suspension of his operating privilege imposed pursuant to section 3717(e)(2)(ii) of the Vehicle Code,1 and directed DOT to reissue a penalty in accordance with the trial court’s decision. We reverse.

This appeal requires this court to construe the language of section 3717 of the Vehicle Code. 75 Pa.C.S. § 3717. Section 3717 provides, in pertinent part, as follows:

(c) Damage to real property by operation of motor vehicle prohibited. — It is unlawful for a person to knowingly or recklessly cause damage to any real or personal property by means of the operation of a motor vehicle on private property....
(e) Offense defined. — The following penalties shall apply:
(2) A person who violates subsection (e) or (d) commits a summary offense and shall, upon conviction, be subject to the following penalties:
(i) A fine of $500 for a first conviction of the offense. .
(ii) A fine of $1,000 plus suspension of operating privileges for a period of six months for a second or subsequent conviction of the offense.

The facts surrounding the instant appeal are not in dispute. On November 19, 1995, at 1:00 a.m., Geitgey struck an unattended vehicle. Thereafter, Geitgey was issued a citation for a violation of section 3717(c) of the Vehicle Code. Geitgey was convicted of this offense on November 28, 1995 and re-ceivéd a $500 fine in accordance with section 3717(e)(2)(i) of the Vehicle Code.

On November 19, 1995 at 1:13 a.m., Geit-gey struck a second unattended vehicle and was cited a second time for a violation of section 3717(c). Geitgey was convicted of the second violation on January 16, 1996 and received a $1,000 fine and six-month operating privilege suspension in accordance with section 3717(e)(2)(ii). Geitgey appealed the six-month suspension to the trial court.

On appeal to the trial court, Geitgey argued that in order for the enhanced penalty under section 3717(e)(2)(ii) to apply to his second conviction, he must have been convicted of the first offense before he committed the second offense. Geitgey asserted that because his second citation for violating section 3717(c) occurred on November 19, 1995, and his first conviction did not occur until November 28,1995, sentence enhancement is inapplicable.

The trial court first reviewed section 3717(e)(2) and determined that the statutory language was unambiguous. Next, the trial court examined the statutory language to determine at what point in time Geitgey’s status, as a second offender, was established. Relying on the Superior Court’s decision in Commonwealth v. Beatty, 411 Pa. Superior Ct. 450, 601 A.2d 1253 (1992), aff'd, 533 Pa. 322, 623 A.2d 814 (1993), the trial court determined that, because Geitgey had no prior convictions on the date of his second viola[200]*200tion, penalty enhancement was not applicable.

In Beatty, the Superior Court was faced with the issue of whether the enhancement provision of the statutory penalty for section 3731 of the Vehicle Code, 75 Pa.C.S. § 3731,2 was illegally applied by the sentencing court where the court utilized as prior convictions those convictions occurring subsequent to the date of the DUI offense for which the defendant was sentenced. Beatty at 451, 601 A.2d at 1254. Beatty pled guilty to a charge of driving under the influence on November 6, 1989 and was sentenced on December 5, 1989. Id. He was sentenced to 90 days imprisonment based upon the sentencing court’s finding that he had two prior convictions, one in 1983, and another in 1985. Id. at 452, 601 A.2d at 1254. Beatty was again charged with DUI for an offense occurring on July 9, 1989. Id. On July 5,1990, Beatty was sentenced for the July 9, 1989 offense to the mandatory minimum of one-year imprisonment as a result of the sentencing court’s determination that, at the time of sentencing, Beatty had three prior convictions within the previous seven years. Id.

On appeal to the Superior Court, Beatty argued that at the time of his July 9, 1989 offense he had not yet been convicted of the first offense as his guilty plea charge was not entered until four months after the July 9, 1989 offense. Id. Therefore, Beatty contended that the sentencing court improperly applied subsection (iv) of section 3731(e) (providing for enhancement for three prior convictions), instead of subsection (in) (providing penalty enhancement for two prior convictions).- Id.

The Superior Court stated that the court must focus on a defendant’s status as a recidivist in order to properly apply the penalty enhancement provisions of section 3731(e). Id. The Superior Court held that when determining penalty enhancement under section 3731(e)(1), the sentencing court must utilize the date of the offense for which the defendant is to be sentenced, and determine the number of prior convictions as of that date. Id. at 454, 601 A.2d at 1255. The Superior Court stated that “[o]nly those convictions prior to the offense date and within the seven year look-back period shall be utilized to determine the applicable penalty enhancement pursuant to section 3731(e)(1).” Id.

Therefore, in the present matter, based on Beatty, the trial court sustained Geitgey’s appeal, set aside DOT’s imposition of the six-month suspension of Geitgey’s operating privilege and ordered that DOT reissue a penalty in accordance with the court’s decision. This appeal by DOT followed.

On appeal herein, DOT contends that the trial court erred as a matter of law in disregarding the clear and unequivocal language of section 3717(e)(2)(ii) of the Vehicle Code.3 DOT argues that section 3717(e)(2)(n) plainly and simply mandates a suspension upon a person’s second or subsequent conviction for violating section 3717(c) or (d). DOT argues that there is no requirement in section 3717(e)(2)(ii) that the first conviction be extant at the time that the second or subsequent conviction is committed.

DOT contends further that the trial court’s reliance on Beatty was misplaced as the penalty enhancement provision of section 3731 of [201]*201the Vehicle Code contained an ambiguity while here there is no ambiguity; therefore, the court should not have utilized a recidivist philosophy to determine how to apply an enhancement penalty. We agree.

Our Supreme Court has held that the “recidivist philosophy” 4 is a valid tool in interpreting ambiguous statutory language. Commonwealth v. Williams, 539 Pa. 249, 252, 652 A.2d 283, 285 (1994). However, the “recidivist philosophy” is not a constitutional principle or mandate; therefore, the General Assembly is free to reject or replace it when enacting recidivist sentencing legislation. Id.

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652 A.2d 283 (Supreme Court of Pennsylvania, 1994)
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Commonwealth v. Beatty
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704 A.2d 198, 1997 Pa. Commw. LEXIS 919, 1997 WL 795651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geitgey-v-commonwealth-department-of-transportation-bureau-of-driver-pacommwct-1997.