Com. v. Elliott, D.
Com. v. Elliott, D. No. 3132 EDA 2015
| Pa. Super. Ct. | Jun 29, 2017Background
- Dashiell Elliott pled guilty in 2009 to several state firearms offenses and was sentenced to concurrent 1½–3 year terms with 3 years’ probation on three counts.
- While on probation, Elliott bought firearms from an undercover informant in July and November 2013 and later was arrested and prosecuted in federal court.
- In July 2014 Elliott pled guilty in federal court to two counts of possession of a firearm by a convicted felon and was sentenced in October 2014 to 27 months’ imprisonment plus 3 years’ supervised release.
- A Gagnon II summary was filed in this state case in August 2015 alleging a direct probation violation based on the federal guilty plea; a VOP hearing was held September 10, 2015.
- The trial court found Elliott in direct violation of probation and sentenced him to 1–2 years’ incarceration to run consecutively to his federal sentence.
- Elliott appealed raising (1) denial of a speedy VOP hearing, (2) lack of written notice of the violation, and (3) insufficiency of evidence that he violated a probation condition; the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Elliott was denied a speedy VOP hearing | Elliott: ~1-year delay prejudiced him; he remained jailed awaiting VOP and lacked prompt adjudication | Commonwealth/Trial Ct: Claim was not raised at the VOP hearing (waived); even if preserved, delay was reasonable and Elliott was not prejudiced because he was already incarcerated on federal charges | Waived for failure to raise below; merits rejected — no prejudice shown and delay reasonable |
| Whether Elliott lacked written notice of the probation violation | Elliott: he did not receive written notice of the VOP charge | Commonwealth/Trial Ct: Claim not raised in 1925(b) statement (waived); trial record showed counsel acknowledged the federal plea/facts | Waived for failure to include in 1925(b); not considered on appeal |
| Whether Commonwealth proved violation of probation by preponderance | Elliott: Commonwealth produced no evidence at VOP that he pled guilty in federal court; court failed to identify which probation condition was violated | Commonwealth/Trial Ct: Record includes defense counsel’s and Elliott’s admissions that he pled guilty to federal firearms offenses involving undercover purchases—the new conviction establishes the violation | Held: Sufficient evidence supported revocation; court did not abuse its discretion |
Key Cases Cited
- Commonwealth v. Collins, 424 A.2d 1254 (Pa. 1981) (failure to raise speedy‑trial claim below precludes appellate review)
- Commonwealth v. Woods, 965 A.2d 1225 (Pa. Super. 2009) (VOP hearings must be held “as speedily as possible”; reasonableness tested by length, reasons, prejudice)
- Commonwealth v. Christmas, 995 A.2d 1259 (Pa. Super. 2010) (for VOPs based on new conviction, delay measured from conviction/plea to revocation hearing; prejudice analysis explained)
- Commonwealth v. Simmons, 56 A.3d 1280 (Pa. Super. 2012) (standard of review for sentencing after probation revocation)
- Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) (issues not raised in a Rule 1925(b) statement are waived)
- Commonwealth v. Johnson, 985 A.2d 915 (Pa. 2009) (claims perfunctorily briefed or undeveloped on appeal are waived)