Com. v. Grebb, M.
3330 EDA 2015
| Pa. Super. Ct. | Dec 13, 2016Background
- Matthew Grebb pled guilty in 2007 to arson-related offenses in multiple cases and received a mix of incarceration and probation terms, including two consecutive incarceration terms and two probation orders.
- In September 2013 Grebb was arrested for DUI; the Commonwealth filed petitions to revoke probation in two of his probation cases (759-CR and 764-CR).
- After a revocation hearing the trial court revoked probation in both cases and deferred resentencing until disposition of the DUI case.
- On March 18, 2014 the court resentenced Grebb to consecutive standard-range sentences of 2–4 years in the two probation cases; Grebb’s motion for reconsideration was denied.
- Grebb’s initial direct appeal was quashed as untimely; he later obtained nunc pro tunc reinstatement of appeal rights via a successful PCRA claim of ineffective assistance of counsel and filed the present timely appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lost jurisdiction to resentence because 30 days had passed under 42 Pa.C.S. § 5505 | Grebb: § 5505 limits a court to 30 days to modify an order; resentencing after 30 days is beyond jurisdiction | Commonwealth: Resentencing after probation revocation is a new sentence, not a § 5505 modification; court retains authority under revocation statutes | Court: § 5505 is inapplicable; revocation permits imposition of a new sentence within original alternatives, so court had jurisdiction |
| Whether double jeopardy/statutory limits bar resentencing more than five years after original sentence | Grebb: Absent rekindled jurisdiction, resentencing long after original sentence violates double jeopardy/statutory limits | Commonwealth: Revocation proceedings and resentencing are authorized while probation term remains uncompleted; no double jeopardy bar | Court: Rejects Grebb’s argument; resentencing on revocation is permissible while probation period has not expired |
Key Cases Cited
- Commonwealth v. Holmes, 933 A.2d 57 (Pa. 2004) (upon probation revocation the court may impose any sentencing alternative that was available at the original sentencing)
- Commonwealth v. Ware, 737 A.2d 251 (Pa. Super. 1999) (probation may be revoked any time before completion of the maximum probation period or before service of probation begins)
- Commonwealth v. Wendowski, 420 A.2d 628 (Pa. Super. 1980) (probation term construed from time probation is granted for revocation purposes)
- Commonwealth v. Allshouse, 33 A.3d 31 (Pa. Super. 2011) (reinforces that probation revocation may occur based on conduct before service of probation begins)