Com. v. Hessou, S.
Com. v. Hessou, S. No. 679 MDA 2016
| Pa. Super. Ct. | Mar 30, 2017Background
- Trooper observed Hessou's vehicle with a non-functioning driver's-side headlight and followed it for ~2 miles; initiated a traffic stop after observing an abrupt in-lane swerve and other suspicious driving behavior.
- On contact, trooper observed signs of impairment: heavy sweating, very slow/slurred speech, droopy eyes, dilated pupils, odor of alcohol; Hessou admitted consuming one alcoholic beverage but denied drug use.
- Hessou performed three field sobriety tests: failed HGN and walk-and-turn, but passed one-leg stand; a preliminary breath test read .073%.
- Search incident to arrest uncovered a metal pipe with steel wool containing cocaine residue and a tin with marijuana; Hessou later told the trooper he had "smoked a little bit of cocaine." He refused a blood test and signed the DL-26 form.
- At bench trial in absentia (defendant missed multiple court dates; court later lifted capias but denied a new-trial motion), Hessou was convicted of driving under the influence — combination drugs/alcohol (75 Pa.C.S.A. § 3802(d)(3)) and careless driving; sentenced to the mandatory minimum 72 hours to 6 months, but received credit for time served and was immediately paroled.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Hessou) | Held |
|---|---|---|---|
| Weight of the evidence: whether verdict shocks conscience | Evidence (observations, FST failures, PBT, paraphernalia, lab results, admission) supports conviction for DUI by drugs/alcohol | Verdict against weight: PBT .073 (below general impairment tier), passed one-leg stand, vehicle did not leave lane for ~2 miles; evidence insufficiently shows combined impairment | Court denied post-sentence motion; weight challenge rejected — verdict supported by totality of circumstances |
| Sufficiency of evidence (preserved?) | Commonwealth relied on same facts to meet burden | Hessou argued insufficient proof of impairment by drugs/alcohol | Not reached on merits: issue waived for failure to include in Pa.R.A.P. 1925(b) concise statement |
| Sentencing excessive? | Mandatory statutory minimum (72 hours) applied; credit for time served resulted in immediate parole; court considered defendant's history and failures to appear | Sentence too severe given misdemeanors and rehabilitative needs | Sentence within statutory mandate and reasonable; court did not abuse discretion |
Key Cases Cited
- Commonwealth v. Galindes, 786 A.2d 1004 (Pa. 2001) (standard for weight-of-the-evidence review)
- Commonwealth v. Widmer, 744 A.2d 745 (Pa. 2000) (deference to trial judge on weight challenges)
- Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) (issues not raised in Pa.R.A.P. 1925(b) statement are waived)
- Birchfield v. North Dakota, 136 S. Ct. 2160 (U.S. 2016) (breath tests permissible as search incident to arrest; warrantless blood draws implicate Fourth Amendment and implied-consent limits)