Com. v. Kutchera, J.
Com. v. Kutchera, J. No. 2859 EDA 2016
| Pa. Super. Ct. | Mar 28, 2017Background
- James V. Kutchera, Jr. pleaded guilty in six criminal cases to multiple offenses, including four DUI (controlled substance), one PWID, and one theft; pleas included stipulations that he would receive credit for successful inpatient treatment.
- Kutchera spent time in several treatment programs: 27 days at White Deer Run (detox/inpatient), 291 days in the Salvation Army Four Step Program, 310 days in the Salvation Army Extended Alumni Program, and 63 days in the Joy of Living Recovery Program.
- At sentencing the trial court granted credit for 27 days (White Deer Run) and 291 days (Four Step Program) — 318 days total — but denied credit for the 310-day Extended Alumni stay and 63-day Joy of Living stay, later awarding an additional 42 days on post-sentence motion (applied to PWID sentence).
- The trial court found the Four Step Program and White Deer Run sufficiently restrictive or tied to bail orders to merit credit, but characterized the Extended Alumni and Joy of Living programs as voluntary, non-custodial, and less restrictive.
- Kutchera appealed, arguing he was entitled to additional pre-sentence credit for those rehabilitation periods and that the plea stipulations required credit for his successful treatment.
Issues
| Issue | Kutchera's Argument | Commonwealth / Trial Court Argument | Held |
|---|---|---|---|
| Whether appellant is entitled to additional credit for time in Salvation Army Extended Alumni Program (310 days) | Kutchera: Extended Alumni had curfews, supervision, chores and restrictions akin to custody; plea stipulations promised credit for successful treatment | Trial court: Extended Alumni was voluntary, non-inpatient, less restrictive, and bail conditions were modified to accommodate his request; credit discretionary and already granted for main Four Step program | Denied; trial court acted within discretion — no legal entitlement to credit for voluntary, non-custodial programs |
| Whether appellant is entitled to credit for Joy of Living Recovery Program (63 days) | Kutchera: Joy of Living had restrictions and was part of his continuum of treatment; plea stipulations cover his treatment | Trial court: Joy of Living was not inpatient, participation was voluntary and less restrictive; not custody for §9760 credit | Denied; voluntary non-custodial program does not automatically entitle defendant to credit |
| Whether plea stipulations obligated awarding credit for all sequential/extended programs | Kutchera: Plea agreements promised credit for successful inpatient treatment, so all treatment time should count | Trial court: Stipulations contemplated inpatient treatment credit but did not reasonably require credit for multiple sequential voluntary programs; awarding unlimited credit would allow gaming | Denied; stipulations do not mandate credit for voluntary, non-inpatient programs beyond what court reasonably construed |
| Whether denial of additional credit rendered sentence illegal | Kutchera: Failure to credit treatment time is challenge to legality of sentence | Trial court/Commonwealth: Credit for voluntary treatment is discretionary; court awarded substantial credit and acted within statutory and case law bounds | Held: Sentence lawful; no abuse of discretion or misapplication of law in denying further credit |
Key Cases Cited
- Conahan v. Pennsylvania, 589 A.2d 1107 (Pa. 1991) (institutionalized rehabilitation that confines patients counts as custody for credit)
- Toland v. Commonwealth, 995 A.2d 1242 (Pa. Super. 2010) (no automatic credit for voluntary inpatient treatment; credit is discretionary)
- Shull v. Commonwealth, 148 A.3d 820 (Pa. Super. 2016) (denial of credit affirmed where defendant voluntarily entered treatment despite bail modification)
- Martinez v. Pennsylvania, 147 A.3d 517 (Pa. 2016) (plea agreements evaluated with contract-law concepts; prosecutors must fulfill promises that induced pleas)
- Kyle v. Commonwealth, 874 A.2d 12 (Pa. 2005) (non-monetary bail conditions like home release with monitoring are not "custody" for sentencing credit)