Com. v. Law, S.
1333 EDA 2016
| Pa. Super. Ct. | Sep 15, 2017Background
- On Feb. 9, 2011, police stopped Stephen E. Law for drifting lanes and observed signs of impairment; officers searched the vehicle and found pills and marijuana. Law admitted recent marijuana and Xanax use and was arrested.
- Commonwealth charged Law with DUI, possession of a controlled substance, possession of a small amount of marijuana (misdemeanors), and a summary careless-driving traffic offense.
- On April 13, 2011, Law pleaded guilty to the summary careless-driving offense in Philadelphia Traffic Court; the other charges remained pending.
- In Oct. 2015 Law moved to dismiss the remaining misdemeanors under the compulsory-joinder statute (18 Pa.C.S. § 110(1)(ii)), arguing the traffic conviction—arising from the same episode in the same judicial district—barred later prosecution.
- The trial court denied the motion; Law was convicted of the misdemeanors in Dec. 2015 and sentenced in Feb. 2016. The Common Pleas denied certiorari on Apr. 6, 2016, and Law appealed.
Issues
| Issue | Plaintiff's Argument (Law) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether prosecution on DUI and drug charges is barred by compulsory joinder because Law previously pleaded guilty to a summary traffic offense from the same episode in the same judicial district | The prior traffic conviction in Traffic Court arose from the same criminal episode and district, and the prosecutor knew of the other offenses before the traffic plea; § 110(1)(ii) therefore bars subsequent prosecution | Philadelphia Traffic Court had exclusive jurisdiction over the summary traffic offense under 42 Pa.C.S. § 1302, and section 1302 creates an exception so a prior traffic disposition in traffic court does not bar later criminal prosecutions | Court affirmed denial of dismissal: prior Traffic Court guilty plea did not bar subsequent prosecution of the misdemeanor charges because of the Traffic Court jurisdictional rule applied in Perfetto |
Key Cases Cited
- Commonwealth v. Fithian, 961 A.2d 66 (Pa. 2008) (sets out elements and standard for compulsory joinder under 18 Pa.C.S. § 110)
- Commonwealth v. Giordano, 121 A.3d 998 (Pa. Super. 2015) (statutory construction principles and rules of interpretation applied to criminal statutes)
(Notes: The court relied on Perfetto in applying 42 Pa.C.S. § 1302 to hold that a prior Traffic Court disposition does not bar subsequent prosecution for related criminal charges.)