Com. v. LaVella, G.
1951 EDA 2017
| Pa. Super. Ct. | Dec 5, 2017Background
- Appellant Guido Ryan LaVella pleaded guilty in 2014 to five counts of theft by deception (18 Pa.C.S. § 3922(a)(1)).
- He was sentenced on October 24, 2014 to an aggregate term of 6 years 4 months to 15 years; sentence amended February 5, 2015 to correct RRRI minimum calculation.
- Appellant filed a pro se PCRA petition (Sept. 2, 2015) raising, among other things, an alleged error in offense gravity score calculation based on statutory amendments to theft grading/sentencing.
- Counsel was appointed, filed to withdraw under Finley/Turner, and the PCRA court issued and reissued Pa.R.Crim.P. 907 notices before dismissing the petition on May 30, 2017.
- The PCRA court concluded none of Appellant’s sentences exceeded the lawful maximum and denied relief; Appellant appealed and the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument (LaVella) | Defendant's Argument (PCRA/Commonwealth) | Held |
|---|---|---|---|
| Whether sentencing court failed to apply 2013/2014 amendments changing theft grading and sentencing guidelines, causing improper offense gravity score | The statutory amendments changed grading and OGS; failure to apply them produced an illegal enhancement and improper OGS | Amendments to the Crimes Code and sentencing guidelines were not applicable to offenses committed before the effective dates; thus no error | Claim implicates discretionary aspects of sentence, which PCRA does not review; alternatively, amendments were not applicable to Appellant’s pre-amendment offenses, so no relief |
Key Cases Cited
- Barndt v. Commonwealth, 74 A.3d 185 (Pa. Super. 2013) (standard of review for PCRA court determinations)
- Garcia v. Commonwealth, 23 A.3d 1059 (Pa. Super. 2011) (same appellate review standard cited)
- Archer v. Commonwealth, 722 A.2d 203 (Pa. Super. 1998) (misapplication of Sentencing Guidelines challenges discretionary aspects of sentence)
- Wrecks v. Commonwealth, 934 A.2d 1287 (Pa. Super. 2007) (discretionary aspects of sentence are not cognizable in PCRA)
- Finley v. Commonwealth, 550 A.2d 213 (Pa. Super. 1988) (standards for counsel seeking to withdraw in post-conviction proceedings)
- Turner v. Commonwealth, 544 A.2d 927 (Pa. 1988) (same authority re: PCRA counsel withdrawal)