Com. v. Gonzalez, R.
1280 EDA 2015
| Pa. Super. Ct. | Jul 8, 2016Background
- Homeowner Jennifer Jones returned from a month-long vacation to find her house burglarized and items (including seven handguns) missing.
- Fingerprints from the bathroom medicine cabinet matched neighbor Roberto Gonzalez.
- Gonzalez waived Miranda and admitted participating in the burglary with an accomplice nicknamed “Chickie,” saying Chickie found the guns and intended to sell them and share proceeds with Gonzalez.
- Gonzalez waived a jury trial, was convicted by the trial judge of burglary, theft-related offenses, possession-prohibition (18 Pa.C.S. § 6105), and related charges, and sentenced to consecutive 6–20 year terms for burglary and for the § 6105 conviction.
- On appeal Gonzalez challenged (1) sufficiency of the evidence for the § 6105 conviction (arguing he lacked possession of the guns) and (2) the legality of the 6–20 year sentence for § 6105 (exceeding the 10-year statutory maximum).
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Gonzalez) | Held |
|---|---|---|---|
| Sufficiency of proof for 18 Pa.C.S. § 6105 (persons not to possess a firearm) | Evidence (fingerprints, admission, participation in burglary, agreement to share sale proceeds) supports constructive possession | Only Chickie handled/found the guns; Gonzalez lacked personal possession and should not be vicariously liable | Conviction affirmed: constructive possession inferred from totality of circumstances; Gonzalez had intent and shared in proceeds |
| Legality of 6–20 year sentence for § 6105 (exceeds statutory max) | Sentence is lawful as imposed | 6–20 years exceeds the statutory maximum 10-year term for second-degree felony under § 6105 | Sentence for § 6105 vacated and case remanded for resentencing (vacatur agreed by Commonwealth) |
Key Cases Cited
- Commonwealth v. Melvin, 103 A.3d 1 (Pa. Super. 2014) (standard for sufficiency review)
- Commonwealth v. Heidler, 741 A.2d 213 (Pa. Super. 1999) (actual, constructive, or joint constructive possession can satisfy possession element)
- Commonwealth v. Parker, 847 A.2d 745 (Pa. Super. 2004) (constructive possession supports firearm-possession conviction)
- Commonwealth v. Harvard, 64 A.3d 690 (Pa. Super. 2013) (constructive possession requires ability and intent to exercise control; intent may be inferred)
- Commonwealth v. Haskins, 677 A.2d 328 (Pa. Super. 1996) (possession need not be exclusive; multiple persons may constructively possess)
- Commonwealth v. Kirkland, 831 A.2d 607 (Pa. Super. 2003) (intent to exercise dominion may be inferred from totality of circumstances)
- Commonwealth v. Sanes, 955 A.2d 369 (Pa. Super. 2008) (knowledge of and assistance regarding firearms can establish constructive possession)
- Commonwealth v. Brown, 701 A.2d 252 (Pa. Super. 1997) (sharing in profits from contraband supports constructive possession)
- Commonwealth v. Dobbs, 682 A.2d 388 (Pa. Super. 1996) (vacating a sentence that disrupts the trial court’s overall sentencing scheme warrants remand for resentencing)