Com. v. Fike, E.
329 WDA 2016
| Pa. Super. Ct. | Nov 17, 2016Background
- Appellant Edwin A. Fike pleaded guilty to Indecent Assault (18 Pa.C.S. § 3126(a)(7)) and Corruption of Minors (18 Pa.C.S. § 6301(a)(1)) arising from a January 2009 incident where he repeatedly grabbed the chest of his female cousin under 13.
- Sentencing occurred January 7–8, 2016; Fike argued the two convictions should merge for sentencing.
- The Commonwealth and trial court treated the offenses as non-merging and sentenced accordingly.
- Fike urged this Court to adopt a hybrid merger test (considering statutory elements and the facts alleged) based on Commonwealth v. Jones.
- The Superior Court reviewed whether the hybrid test applies post‑enactment of 42 Pa.C.S. § 9765 and whether the two offenses merge under the correct test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether courts should apply a hybrid merger test | Fike: adopt hybrid test (statutory elements + factual allegations) per Jones | Commonwealth: hybrid test is non‑binding; apply statutory elements test under § 9765 | Hybrid test rejected; statutory elements test controls |
| Whether Indecent Assault and Corruption of Minors merge for sentencing | Fike: convictions arose from same conduct and therefore should merge | Commonwealth: statutory elements differ; corruption of minors covers "any act" corrupting a minor, broader than indecent contact | Do not merge; elements of corruption of minors are not wholly included in indecent assault |
Key Cases Cited
- Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006) (plurality opinion advocating a hybrid merger test)
- Commonwealth v. Williams, 920 A.2d 887 (Pa. Super. 2007) (rejecting Jones as nonbinding and adopting the statutory elements test post‑§ 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)
Judgment of sentence affirmed.