Com. v. Lewis, L.
Com. v. Lewis, L. No. 3253 EDA 2015
Pa. Super. Ct.May 4, 2017Background
- On April 29, 2013, Philadelphia officers observed a firearm protruding from Lamar Lewis’s waistband; Lewis fled, struggled with officers, and a .40 Taurus with both serial numbers obliterated was recovered.
- Lewis was charged and, after a jury trial, convicted of (inter alia) carrying a firearm with an obliterated serial number (18 Pa.C.S. § 6110.2) and carrying a firearm without a license (18 Pa.C.S. § 6106).
- At trial the Commonwealth introduced multiple exhibits but inadvertently did not introduce the certificate of nonlicensure required to prove § 6106 nonlicensure; the certificate was exhibit C-8 and was omitted.
- At sentencing the Commonwealth argued that an obliterated-serial firearm could not lawfully have a license and the court denied a post-trial motion for acquittal on § 6106; the court imposed an aggregate 1½ to 3 year sentence (with additional probation terms).
- On appeal the sole issue was sufficiency of the evidence for the § 6106 conviction (proof of nonlicensure); the Superior Court found the Commonwealth failed to meet its burden and vacated the § 6106 judgment and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commonwealth proved nonlicensure necessary for conviction under § 6106 | The Commonwealth argued proof of an obliterated-serial firearm made a lawful license impossible, so nonlicensure was established | Lewis argued the Commonwealth failed to produce the certificate of nonlicensure or other proof of nonlicensure | Court held the Commonwealth failed to prove nonlicensure; conviction under § 6106 vacated and case remanded for resentencing |
Key Cases Cited
- Commonwealth v. Kane, 10 A.3d 327 (Pa. Super. 2010) (standard of review for sufficiency challenges)
- Commonwealth v. Lopez, 565 A.2d 437 (Pa. 1989) (Commonwealth bears burden to prove nonlicensure under § 6106)
- Commonwealth v. Truong, 36 A.3d 592 (Pa. Super. 2012) (appellate court may affirm on any valid basis)
- Commonwealth v. Woods, 638 A.2d 1013 (Pa. Super. 1994) (testimony from issuing authority can satisfy nonlicensure proof in lieu of certificate)
- Commonwealth v. Bigelow, 399 A.2d 392 (Pa. Super. 1979) (licensure is a defense under § 6108, distinguishable from § 6106)