Com. v. Fluellen, J.
Com. v. Fluellen, J. No. 2694 EDA 2016
| Pa. Super. Ct. | May 24, 2017Background
- James S. Fluellen was convicted by a jury of robbery for a September 18, 2014 Dollar Tree robbery and initially sentenced in 2015; sentence was modified after a motion and later vacated on appeal because robbery and terroristic threats merged.
- On remand the trial court resentenced Fluellen on July 20, 2016 to a 10–20 year term of incarceration.
- The 10–20 year term was a mandatory minimum under 42 Pa.C.S.A. § 9714 because Fluellen had a prior conviction for a crime of violence (robbery).
- Counsel filed an Anders brief and petition to withdraw, raising one issue: whether the 10–20 year sentence is harsh and excessive.
- The Superior Court reviewed counsel’s compliance with Anders/Santiago requirements, conducted an independent review of the record, and considered whether any non-frivolous issues were overlooked.
- The court granted counsel’s withdrawal and affirmed the judgment of sentence, holding the trial court lacked discretion to deviate from the § 9714 mandatory minimum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 10–20 year sentence is harsh and excessive (discretionary sentencing challenge) | Commonwealth: The mandatory minimum under § 9714 applies given Fluellen’s prior violent conviction; sentence is required by statute | Fluellen: The 10–20 year term is unduly harsh and excessive under the circumstances | Held: Rejected; statute mandates the minimum once prior crime-of-violence conviction is established, leaving no trial-court discretion |
Key Cases Cited
- Anders v. California, 368 U.S. 738 (1969) (procedural requirements for appointed counsel to withdraw when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (substantive requirements for Anders brief in Pennsylvania)
- Commonwealth v. Vasquez, 744 A.2d 1280 (Pa. 2000) (trial court must impose legislatively mandated sentence once statutory requirements are met)
- Commonwealth v. Myers, 722 A.2d 649 (Pa. 1998) (statutory mandatory sentences preclude trial-court deviation)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (requirement for independent appellate review for additional non-frivolous issues)