Com. v. Hazzard, R.
Com. v. Hazzard, R. No. 1634 EDA 2016
| Pa. Super. Ct. | Feb 24, 2017Background
- Raheem Hazzard (age 21) pled guilty to involuntary deviate sexual intercourse with a child and was sentenced to 6–12 years SCI plus 5 years probation (plea entered July 20, 2015).
- Victim was Hazzard’s niece: first assault when she was ~11 (intercourse while she slept); second assault when ~14 (cunnilingus after offering alcohol/cigar).
- Pennsylvania Sexual Offenders Assessment Board (SOAB) designated Dr. Melanie Cerone, Ph.D., who interviewed Hazzard and prepared a written assessment applying the factors in 42 Pa.C.S. § 9799.24.
- Dr. Cerone diagnosed antisocial personality disorder and deviant sexual interest, found predatory behavior and a pattern of offending, and concluded Hazzard met SVP criteria to a reasonable degree of professional certainty.
- At the SVP hearing (Jan. 19, 2016) Dr. Cerone’s report was admitted without objection; Hazzard produced no witnesses. The trial court found the Commonwealth proved SVP status by clear and convincing evidence and entered an order April 28, 2016.
- Hazzard appealed, arguing the Commonwealth failed to prove (1) a mental abnormality or personality disorder and (2) likelihood of reoffending; the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to designate Hazzard an SVP | Commonwealth: Dr. Cerone’s SOAB report and supporting records show mental abnormality (antisocial personality disorder and deviant sexual interest), predatory conduct, and risk to reoffend — clear and convincing evidence | Hazzard: Commonwealth failed to prove he suffers from a mental abnormality/personality disorder or that he is likely to reoffend | Court: Affirmed — Dr. Cerone’s uncontroverted report and evidence satisfied §9799.24 factors; Commonwealth proved SVP status by clear and convincing evidence |
Key Cases Cited
- Commonwealth v. Dixon, 907 A.2d 533 (Pa. Super. 2006) (salient inquiry is impetus for crime and likelihood to reoffend)
- Commonwealth v. Morgan, 16 A.3d 1165 (Pa. Super. 2011) (risk of reoffending is a factor, not a separate element)
- Commonwealth v. Hollingshead, 111 A.3d 186 (Pa. Super. 2015) (procedure for SOAB evaluation and SVP process)
- Commonwealth v. Feucht, 955 A.2d 377 (Pa. Super. 2008) (not all statutory factors need be present to support SVP designation)
- Commonwealth v. Meals, 912 A.2d 213 (Pa. 2006) (definition of clear and convincing evidence)
- Commonwealth v. Prendes, 97 A.3d 337 (Pa. Super. 2014) (sexual assaults on children are sexually violent offenses)