Com. v. Canada, W.
130 EDA 2017
| Pa. Super. Ct. | Dec 29, 2017Background
- In 2009 Wayne Charles Canada pled guilty to dissemination of explicit materials to a minor and was sentenced to 36 months probation.
- In 2010 his original sentence was revoked and he was resentenced to three years probation under state supervision.
- He was required to complete court-ordered sexual offender treatment through Pennsylvania Forensics.
- By October 2016 Canada was discharged from treatment after multiple program infractions (attendance problems, internet/social media use, pornography viewing, alcohol use, and boundary violations) and lack of progress; the provider noted financial arrearage but testified discharge was for overall noncompliance.
- At a Gagnon II revocation hearing, the Commonwealth argued probation should be revoked for failure to comply with treatment; Canada argued his inability to pay for treatment was the primary reason for discharge.
- The trial court revoked probation and sentenced Canada to 1–3 years incarceration; the Superior Court affirmed on appeal.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Canada) | Held |
|---|---|---|---|
| Whether evidence supported revocation of probation for failure to complete court-ordered treatment | Probation was violated because Canada repeatedly breached program rules and showed lack of rehabilitation | Discharge was effectively for inability to pay; financial hardship should not justify revocation | Held: Revocation affirmed — record showed multiple infractions and overall noncompliance, not solely inability to pay |
Key Cases Cited
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (due-process framework for probation/parole revocation hearings)
- Commonwealth v. Colon, 102 A.3d 1033 (Pa. Super. 2014) (probation may be revoked on preponderance showing that probation failed as a vehicle for rehabilitation)
- Commonwealth v. Brown, 145 A.3d 184 (Pa. Super. 2016) (discussing waiver and appellate preservation of issues)