231 A.3d 877
Pa. Super. Ct.2020Background
- On March 5, 2018 staff at a halfway house found Ronnie Lehman unresponsive from an apparent overdose; staff administered Narcan and searched his pockets.
- A hypodermic needle and ten "stamp bags" of heroin labeled "World Wide" were recovered from Lehman’s person; a staff member was stuck by the needle.
- Lehman was charged with possession of contraband by an inmate (18 Pa.C.S. §5123(a.2)), possession of a controlled substance, and possession of drug paraphernalia; the Commonwealth nolle prossed the latter two charges.
- Lehman invoked the Drug Overdose Response Immunity Act (35 P.S. §780-113.7), seeking immunity from the contraband charge as well, arguing contraband requires only possession of a controlled substance (an enumerated offense).
- The trial court denied immunity, Lehman was convicted at a bench trial of possession of contraband and sentenced to 35–90 months; he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Drug Overdose Response Immunity Act bars prosecution for possession of contraband (18 Pa.C.S. §5123(a.2)) when possession of a controlled substance (an enumerated offense) is an element | Lehman: Immunity should extend because contraband conviction depends on possession of a controlled substance, and possession is listed for immunity | Commonwealth: The Act lists specific offenses; contraband is not listed and the Act preserves prosecution for crimes not enumerated (serious offenses) | Court: Affirmed — Act does not provide immunity for possession of contraband; statute’s plain language excludes it |
Key Cases Cited
- Commonwealth v. Lewis, 180 A.3d 786 (Pa. Super. 2018) (interpreting scope of Drug Overdose Response Immunity Act and noting it applies to minor drug offenses expressly listed)
- Commonwealth v. Markun, 185 A.3d 1026 (Pa. Super. 2018) (en banc) (defendant bears burden to establish entitlement to immunity under the Act)
- Commonwealth v. Hacker, 15 A.3d 333 (Pa. 2011) (statutory interpretation reviewed de novo)
- Commonwealth v. Poncala, 915 A.2d 97 (Pa. Super. 2006) (plain language of statute is primary indicator of legislative intent)
- Commonwealth v. Williams, 579 A.2d 869 (Pa. 1990) (legislative purpose of §5123 is preventing acquisition of contraband in custody)
- Commonwealth v. Gerald, 47 A.3d 858 (Pa. Super. 2012) (possession-of-contraband conviction does not require a prior possession conviction; only the fact of possession is necessary)