Com. v. Fike, E.
329 WDA 2016
| Pa. Super. Ct. | Nov 17, 2016Background
- Appellant Edwin A. Fike pleaded guilty to one count each of Indecent Assault (18 Pa.C.S. § 3126(a)(7)) and Corruption of Minors (18 Pa.C.S. § 6301(a)(1)) for an incident in January 2009 involving his female cousin under age 13.
- Sentencing occurred January 7, 2016; appellant argued the two convictions should merge for sentencing.
- Appellant asked this Court to adopt a hybrid merger test that examines both statutory elements and the facts alleged in the complaint (relying on Commonwealth v. Jones).
- The Commonwealth and the Superior Court relied on the statutory-elements test adopted post-42 Pa.C.S. § 9765, which permits merger only when all statutory elements of one offense are included in the other and the crimes arise from a single criminal act.
- Prior Superior Court precedent (Martz and Williams) held that Indecent Assault and Corruption of Minors do not merge because Corruption of Minors criminalizes "any act" corrupting a minor whereas Indecent Assault requires "indecent contact" with a victim under 13.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Indecent Assault and Corruption of Minors must merge for sentencing | Fike: adopt hybrid test; consider statutory elements plus the specific facts to find merger | Commonwealth: apply statutory-elements test per 42 Pa.C.S. § 9765 and Superior Court precedent; offenses have distinct elements | Court: affirmed statutory-elements test; offenses do not merge |
Key Cases Cited
- Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006) (plurality opinion advocating a hybrid elements/fact test for merger)
- Commonwealth v. Williams, 920 A.2d 887 (Pa. Super. 2007) (rejecting Jones and adopting statutory-elements test post-42 Pa.C.S. § 9765)
- Commonwealth v. Martz, 926 A.2d 514 (Pa. Super. 2007) (applying statutory-elements test and holding Indecent Assault and Corruption of Minors do not merge)