Com. v. Sampson, I.
Com. v. Sampson, I. No. 1969 EDA 2016
| Pa. Super. Ct. | Aug 25, 2017Background
- On December 30, 2010, Sampson participated in an armed robbery of KNBT Bank; the robbers took $11,529, one employee was struck, and shots were fired at an officer during the escape.
- Police tracked GPS-tagged money and recovered the vehicle, phones linking the three participants, and photos/texts tying Sampson to planning and presence.
- A jury convicted Sampson of multiple offenses (three counts of robbery, attempted criminal homicide, two counts of aggravated assault, and conspiracy).
- At sentencing, the court considered the presentence report and guidelines and imposed an aggregate term of 33 to 70 years.
- Sampson filed a pro se PCRA petition arguing his sentence is illegal under Alleyne v. United States and that Alleyne should apply retroactively.
- The PCRA court dismissed the petition; Sampson appealed. The Superior Court affirmed, finding Alleyne inapplicable and not retroactive under Pennsylvania law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alleyne requires modification of Sampson's sentence | Alleyne requires that facts increasing mandatory minimums be treated as elements; Sampson contends his sentence is illegal under Alleyne | Commonwealth: no mandatory minimums were applied or relied upon at sentencing, so Alleyne does not affect the sentence | Alleyne is inapplicable because no mandatory minimum was imposed or relied upon; no resentencing required |
| Whether Alleyne applies retroactively on collateral review | Sampson argues Alleyne should be applied retroactively to his case | Commonwealth: Alleyne is not a retroactive rule for collateral review; Pennsylvania precedent controls | Alleyne is not retroactive on collateral review under Pennsylvania law (per Commonwealth v. Washington) |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (holding facts that increase mandatory minimum penalties must be submitted to jury and proved beyond a reasonable doubt)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Pennsylvania Supreme Court held Alleyne does not apply retroactively on collateral review)
- Commonwealth v. Hopkins, 117 A.3d 247 (Pa. 2015) (applied Alleyne to invalidate a mandatory minimum statute under state constitutional analysis)
- Commonwealth v. Jones, 700 A.2d 423 (Pa. 1997) (prisoner mailbox rule: pro se filings by prisoners are deemed filed when delivered to prison authorities)