Com. v. Burrows, M.
88 WDA 2017
| Pa. Super. Ct. | Oct 31, 2017Background
- Appellee pleaded guilty but mentally ill to third-degree murder and was sentenced to 12–25 years incarceration.
- At sentencing, the Commonwealth submitted prosecution costs totaling $9,891.70, which included a criminal laboratory fee of $7,145.00.
- The trial court formally imposed the full costs and fees but limited enforceable collection to $2,500, explaining that imposing the full amounts would be unconstitutional given Appellee’s low IQ (65) and inability to pay.
- The trial court relied on Pa.R.Crim.P. 706 to justify limiting collection and avoiding incarceration for nonpayment.
- The dissent (Judge Stabile) argued that statutory provisions—16 P.S. § 1403 and 18 Pa.C.S. § 1725.3—mandate imposition of prosecution costs and laboratory fees and that Rule 706 is inapplicable at sentencing; thus the trial court lacked discretion to reduce the mandatory amounts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 706 permits trial court to reduce or limit collection of statutorily-mandated prosecution costs and lab fees at sentencing | Commonwealth relied on Rule 706 to support imposition procedures and protections against incarceration for nonpayment | Appellee (trial court’s ruling) asserted Rule 706 allowed limiting collection because full amounts would be unconstitutional given inability to pay | Dissent holds Rule 706 is procedural (preventing incarceration) and inapplicable at sentencing; statutory language in § 1403 and § 1725.3 is mandatory, removing discretion to reduce mandatory fees |
Key Cases Cited
- Commonwealth v. Garzone, 993 A.2d 306 (Pa. Super. 2010) (standard of review for questions of law regarding illegal sentence)
- Commonwealth v. Hernandez, 917 A.2d 323 (Pa. Super. 2007) (Rule 706 protects indigent defendants from incarceration for inability to pay costs)
- Commonwealth v. Childs, 63 A.3d 323 (Pa. Super. 2013) (trial court need not hold a Rule 706 hearing at sentencing; hearing may occur upon payment default)
- Commonwealth v. Ciptak, 657 A.2d 1296 (Pa. Super. 1995) (Rule 706 addresses post-sentencing payment default situations and does not apply at sentencing)