Com. v. Fisher, I., III
1747 MDA 2016
| Pa. Super. Ct. | Nov 7, 2017Background
- Appellant Ira L. Fisher, III was convicted by a jury of aggravated indecent assault, statutory sexual assault, indecent assault, and corruption of minors for sexual abuse of a 14‑year‑old in his care.
- Two convictions (aggravated indecent assault and statutory sexual assault) are Tier III sexual offenses under 42 Pa.C.S. § 9799.14.
- Fisher had prior Tier III convictions from 1996 (aggravated indecent assault and statutory sexual assault).
- At sentencing the trial court imposed mandatory minimum terms under 42 Pa.C.S. § 9718.2: 25–50 years on Counts I and III, plus additional terms on other counts, for an aggregate 27 years 8 months to 60 years.
- Fisher did not appeal immediately; he obtained nunc pro tunc restoration of direct appeal rights via PCRA and appealed, challenging legality of the § 9718.2 mandatory minimums under Alleyne.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandatory minimums under 42 Pa.C.S. § 9718.2 violated Alleyne by increasing penalties based on facts not found by a jury | Fisher: Alleyne requires any fact that increases mandatory minimums be submitted to jury and found beyond a reasonable doubt, so § 9718.2 sentence is unconstitutional as applied | Commonwealth: § 9718.2 sentencing was triggered solely by Fisher’s prior convictions, which are an exception to Alleyne/Apprendi requirements | Court: Affirmed — prior convictions fall within the Almendarez‑Torres exception; Alleyne does not invalidate § 9718.2 here |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (holding facts that increase mandatory minimum sentences must be submitted to jury and found beyond a reasonable doubt)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (statutory maximums and judicial fact‑finding principles for Sixth Amendment jury trial right)
- Almendarez‑Torres v. United States, 523 U.S. 224 (1998) (prior convictions are an exception and need not be found by jury to enhance sentence)
- Commonwealth v. Hale, 85 A.3d 570 (Pa. Super. 2014) (discussing interplay of Alleyne/Apprendi with prior‑conviction exception)