Com. v. Pearson, T.
Com. v. Pearson, T. No. 504 MDA 2016
| Pa. Super. Ct. | Mar 28, 2017Background
- Pearson pled guilty January 6, 2012; sentenced October 10, 2012 to one year probation for simple assault.
- Multiple capiases were issued because Pearson repeatedly failed to appear and absconded; he was at large for long periods before arrests in 2011, 2012, and later 2016.
- A probation violation was filed May 1, 2013 alleging absconding, failure to report, unpaid costs, and failure to complete court-ordered programs.
- Pearson was not apprehended on that capias until January 5, 2016; a revocation hearing occurred February 22, 2016.
- At the February 22, 2016 proceeding Pearson (through counsel) admitted failing to report and failing to pay; the court revoked probation and sentenced him to 6–12 months’ incarceration.
- Pearson moved to modify/reconsider the sentence arguing the revocation hearing was not held “as speedily as possible” under Pa.R.Crim.P. 708 and that delay prejudiced him; the trial court and Superior Court affirmed the sentence.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Pearson) | Held |
|---|---|---|---|
| Whether revocation hearing complied with Rule 708’s “as speedily as possible” requirement | Hearing reasonable given defendant’s absences and the Commonwealth’s diligence in attempting to secure him | Delay (~2 years, 8 months from violation filing) was unreasonable; Pearson was prejudiced and hearing should be barred | Court: Delay was objectively unreasonable in length, but defendant failed to show prejudice; admission of violations waived procedural challenge; sentence affirmed |
| Whether defendant proved prejudice from delay | N/A — Commonwealth argued no prejudice | Pearson asserted no determination of ability to pay was made and loss of rights from delay | Court: No evidence of lost witnesses/evidence or unnecessary restraint; Pearson admitted violations; no prejudice shown |
Key Cases Cited
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973) (standards for probation/parole revocation hearings)
- Commonwealth v. Saunders, 575 A.2d 936 (Pa. Super. 1990) (Rule 708 requires hearing within a reasonable time)
- Commonwealth v. McCain, 467 A.2d 382 (Pa. Super. 1983) (no presumptive revocation period; reasonableness and prejudice govern)
- Commonwealth v. Bischof, 616 A.2d 6 (Pa. Super. 1992) (court examines diligence of Commonwealth in scheduling revocation hearing)
- Commonwealth v. Marchesano, 544 A.2d 1333 (Pa. 1988) (prejudice includes loss of witnesses/evidence or unnecessary restraint)
- Commonwealth v. Clark, 847 A.2d 122 (Pa. Super. 2004) (multi-year delay found unreasonable)
- Commonwealth v. Christmas, 995 A.2d 1259 (Pa. Super. 2010) (burden to allege and prove prejudice from delay)
- Commonwealth v. Sierra, 752 A.2d 910 (Pa. Super. 2000) (standard of review for revocation-sentence discretion)