Com. v. Armstrong, J.
Com. v. Armstrong, J. No. 871 MDA 2016
| Pa. Super. Ct. | Feb 14, 2017Background
- On May 15, 2015, officer observed James R. Armstrong driving erratically (speeding, swerving, crossing double yellow line, failing to stop/use signals); stopped and encountered bloodshot, slurred, and uncoordinated behavior.
- Armstrong admitted taking Soma and Xanax; failed multiple field sobriety tests; arrested and transported for blood draw after being read O’Connell warnings; Miranda warnings given before interview.
- Lab testing detected Xanax, Soma, a Soma metabolite, marijuana/THC; Armstrong was on probation from an earlier DUI in York County and a York detainer/violation arose from this incident.
- Trial counsel moved to suppress for lack of probable cause; suppression denied after hearing; parties proceeded to a stipulated bench trial and Armstrong was convicted of multiple DUI and traffic offenses (second-offense counts included Schedule I substance and metabolite).
- Armstrong received 3–23 months’ incarceration followed by 3 years’ probation; appellate counsel filed an Anders brief and petition to withdraw, arguing the appeal was frivolous.
Issues
| Issue | Armstrong’s Argument | Commonwealth’s Argument | Held |
|---|---|---|---|
| Credibility of officers vs. defendant | Officer testimony inconsistent with Armstrong’s statements; trial court erred by finding officers credible | Trial court entitled to credit officer testimony; record supports findings | Denied — court deferred to trial court credibility determinations |
| Alleged profiling | Officer ran prior record and profiled Armstrong as prior DUI | No record support; not preserved below | Waived — not raised below and no record support |
| Miranda timing | Miranda warnings were not given "as soon as" arrested | Warnings only required when custodial interrogation begins | Denied — no Miranda violation because statements preceded interrogation |
| Dash camera requirement | Officer failed to have dash cam on; stop invalid | No statutory duty requiring dash cams cited | Denied — no legal basis |
| Suppression / probable cause to arrest | Arrest lacked probable cause; post-arrest evidence (blood) should be suppressed | Officer observed traffic violations, impairment, and defendant’s admission of drug use — totality supports probable cause | Denied — probable cause established under totality of circumstances |
| Complaint/form errors | Typographical/format errors violated rights | Errors were non-prejudicial and not raised at preliminary hearing | Denied — not prejudicial and not preserved |
| Amendment of information | Adding DUI/metabolite and traffic counts prejudiced defense | Amended counts arose from same factual situation; defendant on notice | Denied — amendments proper and non-prejudicial |
| Double sentencing / jail credit | Armstrong served time in York County and thus had double time or entitlement to credit | York time was for separate York County probation violation, not for this Lancaster conviction | Denied — no credit for York incarceration on Lancaster sentence |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (custodial interrogation triggers Miranda warnings)
- O’Connell, 555 A.2d 873 (Pa. 1989) (explaining Implied Consent / O’Connell warnings)
- Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003) (deference to trial court credibility in suppression rulings)
- Commonwealth v. Gaul, 912 A.2d 252 (Pa. 2006) (Miranda required only for interrogation)
- Commonwealth v. Ventura, 975 A.2d 1128 (Pa. Super. 2008) (statements before interrogation do not require Miranda)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (requirements for Anders brief)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (appellate court must independently review record for overlooked issues)
- Commonwealth v. Beck, 78 A.3d 656 (Pa. Super. 2013) (standard for permissible amendments to information)
- Commonwealth v. Salter, 121 A.3d 987 (Pa. Super. 2015) (totality of circumstances for probable cause)