Com. v. Bonus, P.
188 WDA 2017
| Pa. Super. Ct. | Dec 15, 2017Background
- Paul Jay Bonus pled guilty on July 9, 2013 to Rape by Forcible Compulsion; in exchange the Commonwealth withdrew 10 other charges.
- At plea and sentencing hearings, counsel and the court stated a mandatory minimum 10-year sentence under 42 Pa.C.S. § 9718(a)(1); sentence of 10–20 years imposed on October 2, 2013.
- Alleyne v. United States (decided June 17, 2013) raised constitutional questions about mandatory minimums, but the record does not show Alleyne was discussed with Bonus before his plea/sentence.
- Bonus’s judgment of sentence became final November 2, 2013; he sent a pro se letter requesting reconsideration postmarked November 22, 2013, which the trial court docketed but did not treat as a PCRA filing or appoint counsel.
- Bonus filed a pro se Motion to Modify and Correct Sentence on September 14, 2015 (treated as a PCRA petition). The PCRA court dismissed it as untimely on January 4, 2017, concluding Bonus failed to plead a time‑bar exception.
- The Superior Court vacated and remanded: it held the trial court erred by not treating the November 2013 letter as Bonus’s first PCRA petition and by failing to appoint counsel for a first‑time PCRA petitioner.
Issues
| Issue | Bonus’s Argument | Commonwealth’s Argument | Held |
|---|---|---|---|
| Whether the November 2013 pro se letter should have been treated as Bonus’s first PCRA petition | The letter sought sentence reconsideration and therefore functioned as a first PCRA filing | The trial court treated the letter as an untimely post‑sentence motion, not a PCRA petition | Superior Court: The letter should have been treated as a first PCRA petition; trial court erred in not doing so |
| Whether Bonus was entitled to appointment of counsel for his first PCRA petition | As a first PCRA petitioner, Bonus was entitled to counsel under Pa.R.Crim.P. 904(C) and relevant precedent | Trial court did not appoint counsel and contended counsel had been forwarded the letter | Superior Court: Failure to appoint counsel (or ensure valid waiver) for a first PCRA petition is error requiring sua sponte remand |
| Timeliness of Bonus’s subsequent 2015 PCRA filing in light of Wolfe and Alleyne | Bonus argued his 2015 filing was timely as it was within 60 days of Commonwealth v. Wolfe (Pa. 2016) which found § 9718 unconstitutional | PCRA court held petition untimely because judgment became final in 2013 and Alleyne predated Bonus’s plea | Superior Court did not decide the merits but vacated dismissal due to procedural errors and ordered appointment of counsel to file an amended first PCRA petition |
| Whether Alleyne retroactivity affects Bonus’s case | Bonus relied on Alleyne/Wolfe to challenge mandatory minimum sentence | PCRA court noted Alleyne was decided before Bonus’s plea and declined retroactivity relief | Superior Court remanded for proper PCRA processing with counsel; did not resolve retroactivity on appeal |
Key Cases Cited
- Kutnyak v. Commonwealth, 781 A.2d 1259 (Pa. Super. 2001) (PCRA is exclusive vehicle for collateral relief; mislabelled petitions treated as PCRA filings)
- Evans v. Commonwealth, 866 A.2d 442 (Pa. Super. 2005) (motion for reconsideration of sentence should be treated as PCRA petition)
- Beck v. Commonwealth, 848 A.2d 987 (Pa. Super. 2004) (collateral challenges to sentence form part of PCRA despite alternative labels)
- Johnson v. Commonwealth, 803 A.2d 1291 (Pa. Super. 2002) (motions to vacate sentence qualify as PCRA petitions)
- Guthrie v. Commonwealth, 749 A.2d 502 (Pa. Super. 2000) (motions to correct illegal sentence treated as PCRA petitions)
- Robinson v. Commonwealth, 970 A.2d 455 (Pa. Super. 2009) (right to counsel for first PCRA petition through appellate process)
- Powell v. Commonwealth, 787 A.2d 1017 (Pa. Super. 2001) (indigent petitioner’s right to counsel for first PCRA petition must be honored)
- Stossel v. Commonwealth, 17 A.3d 1286 (Pa. Super. 2011) (court must raise failure to appoint counsel for first PCRA petition sua sponte and remand)
- Grazier v. Commonwealth, 713 A.2d 81 (Pa. 1998) (requirements for waiver or appointment of counsel)
- Commonwealth v. Wolfe, 140 A.3d 651 (Pa. 2016) (Pennsylvania Supreme Court held 42 Pa.C.S. § 9718 unconstitutional)