Com. v. Ruiz, J., Jr.
131 A.3d 54
| Pa. Super. Ct. | 2015Background
- Ruiz pleaded guilty to PWID (249.1 g cocaine), criminal use of communication facility, and conspiracy; plea called for sentencing under a five-year "gun-and-drug" mandatory minimum.
- On June 5, 2013, the trial court imposed an aggregate sentence of 6 to 20 years (5–10 years on PWID plus consecutive terms on other counts) citing 42 Pa.C.S. § 9712.1.
- Ruiz did not file a direct appeal; the 30-day appeal window expired July 5, 2013. Alleyne v. United States was decided on June 17, 2013, within Ruiz's 30-day window.
- Ruiz filed a timely, counseled PCRA petition (June 2, 2014) arguing Alleyne rendered § 9712.1 unconstitutional and sought resentencing.
- The PCRA court initially dismissed the petition but later recommended remand for resentencing; the Superior Court reversed the dismissal, vacated the judgment of sentence, and remanded for resentencing without applying § 9712.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alleyne invalidates the mandatory minimum in 42 Pa.C.S. § 9712.1 | Ruiz: Alleyne requires any fact that increases penalty (firearm proximity) be found by jury; § 9712.1 is unconstitutional and requires resentencing | Commonwealth: Alleyne not applicable here because Ruiz failed to pursue a direct appeal and/or Alleyne is not retroactive on collateral review | Court: Alleyne applies — Ruiz's judgment was not final when Alleyne issued and his timely PCRA preserved the claim; remand for resentencing without § 9712.1 |
| Retroactivity of Alleyne in collateral review | Ruiz: Timely PCRA petition and judgment not final at Alleyne — Alleyne should apply | Commonwealth: Alleyne is not retroactive on collateral review (citing Miller, Riggle) | Court: Distinguished Miller and Riggle; because Ruiz filed timely PCRA and judgment was pending when Alleyne decided, Alleyne applies to him |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (any fact that increases penalty is an element for jury determination)
- Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. 2014) (Pennsylvania en banc holding § 9712.1 unconstitutional under Alleyne)
- Commonwealth v. Cardwell, 105 A.3d 748 (Pa. Super. 2014) (rejecting harmless-error approach to Alleyne-triggered mandatory minima)
- Commonwealth v. Hopkins, 117 A.3d 247 (Pa. 2015) (Pa. Supreme Court holding a mandatory-minimum statute unconstitutional under Alleyne and refusing to sever)
- Commonwealth v. Riggle, 119 A.3d 1058 (Pa. Super. 2015) (holding Alleyne not retroactive on collateral review where judgment was final before Alleyne)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (Alleyne does not satisfy PCRA time‑bar exception for untimely petitions)
- Commonwealth v. Wolfe, 106 A.3d 800 (Pa. Super. 2014) (affirming that mandatory-minimum statutes of this format are void post-Alleyne)