Com. v. Mead, M.
2088 MDA 2016
| Pa. Super. Ct. | Oct 17, 2017Background
- Michael G. Mead was convicted by a jury (April 2012) of rape, involuntary deviate sexual intercourse (IDSI), and aggravated indecent assault; original aggregate sentence was 15–30 years (Sept. 2012).
- This Court affirmed the convictions on direct appeal (June 24, 2014).
- Mead filed a PCRA petition asserting, among other things, that his sentences were illegal under Alleyne v. United States; at a PCRA hearing the court agreed the sentences were illegal and ordered resentencing (Oct. 21, 2016).
- At resentencing (Oct. 27, 2016) the Commonwealth and trial court used a prior record score of 2 to calculate guideline ranges; Mead did not object at sentencing or file post-sentence motions. The court imposed an aggregate term of 8–18 years.
- Mead appealed pro se, arguing (1) his prior record score should have been 0, and (2) the court erred by granting Alleyne relief without a hearing on other PCRA claims; the Superior Court found both arguments waived and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior record score was miscalculated (2 v. 0) at resentencing | Mead: trial court used a prior record score of 2 but his correct score was 0 | Commonwealth: guideline ranges and score of 2 were proper; defense counsel agreed at sentencing | Waived — Mead failed to object at sentencing or file post-sentence motions; discretionary-sentencing challenge not preserved |
| Whether resentencing erred by granting Alleyne relief without a hearing on remaining PCRA claims | Mead: court granted relief but did not hold a hearing on other PCRA merits | Commonwealth/trial court: Mead withdrew other PCRA claims at the PCRA hearing | Waived — Mead’s brief fails to identify issues and he withdrew other claims at the PCRA hearing |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (holding facts increasing mandatory minimums must be submitted to jury)
- Commonwealth v. Spenny, 128 A.3d 234 (Pa. Super. 2015) (discretionary aspects of sentencing require preservation for review)
- Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (failure to raise sentencing objection at sentencing or by post-sentence motion waives claim)
- Commonwealth v. Rhoades, 54 A.3d 908 (Pa. Super. 2012) (briefing defects and failure to develop argument result in waiver)