Com. v. Holland, J.
Com. v. Holland, J. No. 3283 EDA 2015
| Pa. Super. Ct. | Feb 27, 2017Background
- Police responded to a 911 burglary call and found Holland inside Benditt’s home with Nunez.
- Holland did not have authorization to enter; valuables and Benditt’s credit cards were found on Holland.
- Nunez testified they entered to have sex; she admitted planning to steal to pay for sex.
- A Batson challenge was raised; trial court denied seating of certain jurors; Holland was convicted of burglary and conspiracy.
- Holland was sentenced to 51-162 months’ imprisonment plus five years’ probation; Rule 1925(b) issue regarding sufficiency of evidence was discussed.
- Appellant appealed the judgments arguing insufficiency of evidence and Batson-related mistrial/remand issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there enough evidence to convict for burglary and conspiracy? | Holland contends evidence failed to prove intent to commit a crime inside. | Holland argues insufficient evidence to prove entry with intent and conspiracy elements. | Yes; sufficient evidence supported burglary and conspiracy verdicts. |
| Did the trial court err by not granting a mistrial/remand for Batson challenge? | Holland claims peremptory strikes targeted African-Americans; request for mistrial/remand. | Commonwealth argues no prima facie case; record insufficient to remand. | No reversible Batson error; record insufficient to require remand; upheld conviction. |
Key Cases Cited
- Commonwealth v. Tyack, 128 A.3d 254 (Pa. Super. 2015) (preservation of sufficiency requires specifying unproven elements)
- Commonwealth v. Mauz, 122 A.3d 1039 (Pa. Super. 2015) (sufficiency standards for burglary/conspiracy)
- Commonwealth v. Alston, 651 A.2d 1092 (Pa. 1994) (burglary defined as unauthorized entry with intent to commit a crime)
- Commonwealth v. McCall, 911 A.2d 992 (Pa. Super. 2006) (elements of conspiracy: agreement, intent, and overt act)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (peremptory challenges and racial discrimination framework)
- Commonwealth v. Uderra, 862 A.2d 74 (Pa. 2004) (prima facie Batson showing requires full record and identification of excluded venirepersons)