Com. v. Martinez, A.
1994 MDA 2015
| Pa. Super. Ct. | Oct 14, 2016Background
- Angel L. Martinez was convicted by a jury of multiple sexual offenses arising from abuse of his three minor daughters, including rape of a child, IDSI with a child, aggravated indecent assault, incest, sexual assault, and related crimes.
- The three criminal actions were consolidated; convictions were returned on December 12, 2013.
- On March 27, 2014 the court imposed an aggregate sentence of 81½ to 163 years’ imprisonment, which included mandatory minimum terms under 42 Pa.C.S. § 9718.
- Martinez filed a post-sentence motion challenging the weight of the evidence and the imposition of mandatory minimums under Alleyne; the trial court denied relief except for credit for time served.
- Martinez’s direct appeal was initially dismissed for counsel’s failure to file a brief; he later obtained reinstatement of direct appeal rights via PCRA relief and appealed nunc pro tunc.
- The Superior Court affirmed the convictions but vacated the judgment of sentence and remanded for re-sentencing because Section 9718’s mandatory minimums were held unconstitutional under state precedent applying Alleyne.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdict was against the weight of the evidence | Commonwealth: the victims’ testimony and other evidence supported the convictions | Martinez: daughters’ testimony was vague, similar, and inconsistent; brother’s testimony undermined allegations | Court: trial court did not abuse discretion; verdict did not shock the conscience; weight challenge denied |
| Whether mandatory minimums under 42 Pa.C.S. § 9718 violate Alleyne | Commonwealth: mandatory terms applied as legislatively required | Martinez: § 9718 is unconstitutional after Alleyne because it permits judicial fact-finding to increase mandatory minimums | Court: § 9718 (per Wolfe) is unconstitutional and void; judgment of sentence vacated and remanded for re‑sentencing without § 9718 mandatory minimums |
Key Cases Cited
- Commonwealth v. Champney, 832 A.2d 403 (Pa. 2003) (standard of review for weight-of-the-evidence challenges and deference to factfinder)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (any fact that increases mandatory minimum is an element that must be found beyond a reasonable doubt)
- Commonwealth v. Wolfe, 140 A.3d 651 (Pa. 2016) (held § 9718 requires judicial fact-finding and is unconstitutional and non-severable under Alleyne)