Com. v. Evans, R.
298 WDA 2016
| Pa. Super. Ct. | Oct 24, 2016Background
- In May 2014, Rodney Domanick Evans pled guilty to possession with intent to deliver heroin and carrying a firearm without a license.
- On July 24, 2014, he was sentenced to 36–72 months for PWID and 12–24 months for the firearms offense; the court imposed a mandatory minimum three-year sentence under 18 Pa.C.S. § 7508(a)(7)(ii).
- Evans did not file post-sentence motions or a direct appeal; his judgment of sentence became final on August 24, 2014.
- On October 2, 2015, Evans filed a PCRA petition arguing his mandatory minimum sentence was illegal under Alleyne v. United States.
- The trial court dismissed the petition as untimely under the PCRA; Evans appealed, arguing Alleyne (and related Pennsylvania cases) rendered his mandatory minimum unconstitutional.
- The Superior Court affirmed, holding the petition was untimely and Evans did not invoke a statutory timeliness exception allowing collateral review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Evans may challenge his mandatory minimum sentence under Alleyne on collateral review | Alleyne and Pennsylvania decisions (e.g., Newman) render the mandatory minimum statute unconstitutional, so his sentence is illegal | PCRA timeliness requirements bar review unless an exception is pleaded and proved; Evans did not plead an exception | Petition untimely; no exception shown; court lacked jurisdiction to consider Alleyne claim |
| Whether Alleyne (or related decisions) provides a timeliness exception under 42 Pa.C.S. § 9545(b) | Alleyne announced a constitutional rule affecting mandatory minimums that should permit collateral relief | Alleyne does not automatically satisfy PCRA exceptions; retroactivity is limited and must meet statutory 60-day filing rule for after-recognized rights | Alleyne-based claim did not satisfy PCRA timing; dismissal affirmed |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (facts increasing mandatory minimums must be found by a jury beyond a reasonable doubt)
- Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. 2014) (Alleyne implicates legality of sentence)
- Commonwealth v. Fennell, 105 A.3d 13 (Pa. Super. 2014) (Pennsylvania mandatory minimum statute held unconstitutional)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (PCRA lacks jurisdiction to consider untimely Alleyne-based claims without a timeliness exception)
- Commonwealth v. Borovichka, 18 A.3d 1242 (Pa. Super. 2011) (court must have jurisdiction to entertain a legality-of-sentence challenge)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review)