Com. v. Bundy, K.
1575 WDA 2016
| Pa. Super. Ct. | Sep 27, 2017Background
- Kevin Alan Bundy pleaded guilty in 2012–2013 to multiple counts including robbery (with firearms) and related theft/conspiracy offenses; sentencing occurred April 19, 2013.
- For two robbery convictions Bundy received mandatory minimums of 5–15 years each (statutory five-year minimum under 42 Pa.C.S. § 9712 for visible possession of a firearm), with an aggregate 10–30 year sentence.
- Bundy filed a timely PCRA petition (first filed April 16, 2014), arguing his mandatory minimums were rendered illegal by Alleyne v. United States and seeking collateral relief; he proceeded pro se at the PCRA stage.
- The PCRA court held an evidentiary hearing, denied relief on September 8, 2016, explaining Alleyne does not apply retroactively on collateral review to sentences final before Alleyne.
- Bundy appealed; the Superior Court affirmed, applying Pennsylvania precedent that Alleyne does not afford collateral relief where the judgment of sentence became final before Alleyne was decided.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alleyne invalidates Bundy’s mandatory minimums on collateral review | Bundy: Alleyne renders his mandatory minimum sentences illegal and thus subject to correction in a timely PCRA | Commonwealth/PCRA court: Alleyne does not apply retroactively to collateral attacks where the sentence became final before Alleyne | Held: Alleyne does not apply retroactively on PCRA collateral review to sentences final before Alleyne; PCRA relief denied |
| Whether a sentence imposed under a statute later held unconstitutional is void ab initio and non-waivable | Bundy: Such sentences are legal nullities, timely and non-waivable; DOC cannot lawfully detain him | Commonwealth: Retroactivity doctrine controls; sentences finalized before Alleyne remain valid on collateral review | Held: Court rejected void-ab initio argument, following Washington and Ciccone — pre-Alleyne final sentences are not subject to collateral relief under Alleyne |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (any fact increasing penalty must be treated as an element and found by a jury)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne not retroactive on collateral review to sentences final before Alleyne)
- Commonwealth v. Ciccone, 152 A.3d 1004 (Pa. Super. 2016) (applies Washington; Alleyne inapplicable to collateral attacks on pre-Alleyne final sentences)
- Commonwealth v. Barnes, 151 A.3d 121 (Pa. 2016) (Alleyne claims are not waivable on direct appeal)
- Teague v. Lane, 489 U.S. 288 (U.S. 1989) (framework for retroactivity of new constitutional rules)
- Commonwealth v. Rivera, 154 A.3d 370 (Pa. Super. 2016) (Alleyne-based PCRA relief available where judgment became final after Alleyne or petition timely relative to Alleyne)