Com. v. Rice, S.
Com. v. Rice, S. No. 48 MDA 2016
| Pa. Super. Ct. | May 2, 2017Background
- Appellant Shante Bruce Rice appealed judgment of sentence imposed December 16, 2014 in Cumberland County after convictions including murder and conspiracy to commit second-degree murder.
- The Superior Court majority affirmed the judgment of sentence but vacated the conspiracy conviction and sentence for conspiracy to commit second-degree murder.
- Judge Platt concurred in part (affirming the judgment of sentence overall) but dissented from the majority’s vacation of the conspiracy conviction.
- Platt J. relied on Pennsylvania Supreme Court precedent holding that a conspiracy conviction may stand even if the completed homicide is graded at a different degree than the original conspiracy (i.e., the successful gradation does not retroactively limit the conspiracy).
- Platt argued the trial court’s reliance on Commonwealth v. Weimer controlled the outcome and that conspiracy, attempt, and complicity are distinct doctrines with different mental culpability requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a conspiracy to commit second-degree murder can stand when the completed homicide is convicted at a lesser degree | Commonwealth: conspiracy invalid if underlying homicide gradation inconsistent with conspiracy degree | Rice: conspiracy valid because original agreement controls; completed degree does not retroactively limit conspiracy | Majority vacated conspiracy conviction; Platt J. would affirm based on Weimer (conspiracy may stand despite different homicide gradation) |
| Whether reliance on Commonwealth v. Geathers supports vacating the conspiracy conviction | Commonwealth/Maj: Geathers supports vacatur | Rice/Platt: Geathers is misplaced; conspiracy law distinct from complicity/attempt | Platt: Geathers misapplied; Weimer governs and supports affirmance |
Key Cases Cited
- Commonwealth v. Weimer, 977 A.2d 1103 (Pa. 2009) (a conspiracy conviction may stand even if the completed homicide is graded differently than the original conspiracy)
- Commonwealth v. Fisher, 80 A.3d 1186 (Pa. 2013) (recognizes conspiracy to commit third-degree murder as cognizable)
- Commonwealth v. Roebuck, 32 A.3d 613 (Pa. 2011) (distinguishes conspiracy, attempt, and complicity; discusses culpable mental state for accomplice liability)
- Commonwealth v. Geathers, 847 A.2d 730 (Pa. Super. 2004) (relied on by the Majority; disputed by Platt J. as inapposite)
- Commonwealth v. Nunez, 459 A.2d 376 (Pa. Super. 1983) (supports affirming both murder and conspiracy convictions)