Com. v. Mace, L.
1528 MDA 2016
| Pa. Super. Ct. | Sep 8, 2017Background
- On Nov. 29, 2014, Trooper Colton stopped Mace for driving with high beams toward oncoming traffic and smelled burnt marijuana from the vehicle.
- Trooper asked Mace to exit, conducted HGN and other sobriety observations, smelled marijuana on her breath, and saw a green leafy substance on her tongue.
- A search incident to arrest produced three hydrocodone pills; Mace was transported for a blood draw after being read the DL-26 chemical test warning form and consenting.
- Blood testing showed active and inactive marijuana metabolites. Mace was charged with possession of a controlled substance, two counts of DUI, tampering with physical evidence, and a summary light-equipment offense.
- A jury convicted Mace of possession, two DUI counts, and tampering; the court convicted on the summary offense. She was sentenced to an aggregate term of intermediate punishment and probation; post-sentence motions were denied. Mace appealed.
- On appeal the parties stipulated that, in light of Birchfield v. North Dakota, Mace’s two DUI convictions should be reversed but her tampering conviction should be affirmed; the Superior Court vacated the judgment of sentence and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mace may file new post-sentence motions nunc pro tunc challenging voluntariness of blood consent after Birchfield | Mace argued Birchfield rendered her consent involuntary as a matter requiring new post-sentence review | Commonwealth opposed reopening post‑sentence proceedings; parties later stipulated outcomes | Trial court denied nunc pro tunc motion; parties stipulated on appeal to reverse DUIs and affirm tampering; Superior Court accepted stipulation and remanded for resentencing |
| Sufficiency/weight of evidence for tampering with physical evidence conviction | Mace contended evidence was insufficient or the verdict against the weight of the evidence | Commonwealth argued physical-act and intent elements were met by conduct (leafy substance on tongue, altering evidence) | Superior Court affirmed the tampering conviction |
Key Cases Cited
- Birchfield v. North Dakota, 136 S. Ct. 2160 (U.S. 2016) (warrantless blood tests for DUI not permissible as search incident to arrest; criminal penalties cannot constitute implied consent)
- Commonwealth v. Evans, 153 A.3d 323 (Pa. Super. 2016) (remanding for evaluation of voluntariness of blood consent post-Birchfield)
- Commonwealth v. Rizzuto, 777 A.2d 1069 (Pa. 2001) (parties may stipulate factual issues and limit appellate issues)
- Commonwealth v. Bartrug, 732 A.2d 1287 (Pa. Super. 1999) (sentencing error in multi-count case requires vacatur of entire judgment of sentence for restructuring)