Com. v. Huey, P.
514 MDA 2017
| Pa. Super. Ct. | Oct 25, 2017Background
- Appellant Patrick Adam Huey, an inmate, pled guilty to second-degree misdemeanor simple assault for assaulting a fellow inmate with a sock filled with batteries and stabbing him with a pen.
- On February 6, 2017 the trial court sentenced Huey to 12–24 months imprisonment (followed by 1 year probation).
- Huey sought a county sentence (to be confined at the Luzerne County Correctional Facility) rather than commitment to the Department of Corrections; his post-sentence motion requested minor reductions to permit county confinement.
- Counsel filed an Anders brief and petition to withdraw, identifying only whether the trial court abused its sentencing discretion by denying placement in a county facility.
- The trial court reviewed the presentence report, heard Huey’s statements, and explained its sentencing rationale consistent with statutory sentencing factors.
- The Superior Court independently reviewed the record, found no nonfrivolous issues, granted counsel leave to withdraw, and affirmed the judgment of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by refusing to order Huey serve his 12–24 month sentence in the county jail rather than a state correctional institution | Huey sought a county sentence to serve time at Luzerne County Correctional Facility | Trial court argued placement decision falls within discretion; committed sentence was legal and sentencing factors supported state placement | Court held no abuse of discretion; trial court properly considered sentencing factors and its decision to commit to a state facility was not manifestly unreasonable |
Key Cases Cited
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Anders brief standards and counsel’s obligations before withdrawal)
- Commonwealth v. Orellana, 86 A.3d 877 (Pa. Super. 2014) (procedure for court’s independent review after Anders compliance)
- Commonwealth v. Fullin, 892 A.2d 843 (Pa. Super. 2006) (trial court may consider sentencing factors and PSI when committing defendant to state facility)
- Commonwealth v. Brown, 982 A.2d 1017 (Pa. Super. 2009) (placement of confinement left to court’s discretion when plea does not fix facility)
- Commonwealth v. Wimbush, 951 A.2d 379 (Pa. Super. 2008) (court must first examine counsel’s Anders request to withdraw before reviewing merits)