Com. v. Sexton, M.
Com. v. Sexton, M. No. 888 MDA 2016
| Pa. Super. Ct. | Mar 7, 2017Background
- Matthew Sexton pled guilty (open plea later modified) to multiple sexual-offense counts for a months-long sexual relationship with a 14-year-old male; sentencing deferred for PSI and SOAB SVP assessment.
- Commonwealth waived applicable mandatory minimums in exchange for a plea providing a standard-range minimum and a 20-year maximum; court imposed 4–20 years (bottom of standard range).
- Sexton did not appeal; filed a pro se PCRA petition alleging trial counsel was ineffective for (1) failing to present/obtain mitigating mental-health evidence at sentencing, (2) failing to challenge the constitutionality of the IDSI statute as discriminatory toward same-sex conduct, and (3) failing to advise regarding challenges to mandatory-minimum sentencing (Alleyne-era issues).
- PCRA evidentiary hearing: Sexton testified he had mental-health history (bipolar, ADD) and expected counsel to obtain more records; counsel testified he met Sexton many times, obtained Philhaven records, had a Dr. evaluation finding no basis for insanity defense, and did advise Sexton about possible Alleyne challenges.
- PCRA court denied relief concluding (a) the sentencing court already had ample information about Sexton’s mental health/substance use and imposed the bottom of the guideline range, (b) the constitutional challenge to IDSI lacked merit, and (c) counsel properly advised Sexton about Alleyne/mandatory-minimum issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Ineffective assistance at sentencing for failing to present/obtain mitigating mental-health records | Sexton: counsel failed to obtain primary-care records and fully present manifestations of bipolar/ADD, which would have produced a more lenient sentence | Trial court/Counsel: extensive mitigating materials (letters, testimony, PSI, SOAB report, counsel argument) were before the court; counsel obtained Philhaven records and arranged witnesses | Denied — no prejudice shown; court already had sufficient mental-health/substance-use info and sentenced at guideline bottom |
| 2. Ineffective assistance for not challenging constitutionality of IDSI statute as discriminatory against same-sex conduct | Sexton: statute prejudices same-sex pairings and is unconstitutional | Commonwealth: statute penalizes sexual activity with minors regardless of sex; precedent upholds constitutionality because it targets involuntary acts and protection of minors | Denied — underlying constitutional challenge lacks merit; counsel not ineffective for not raising it |
| 3. Ineffective assistance for failing to advise about or litigate mandatory-minimum challenges (Alleyne-era) | Sexton: counsel should have argued that mandatory-minimums were being questioned and declined the plea or sought different relief | Commonwealth/Trial court: counsel discussed Alleyne and potential challenges; Sexton knew of Alleyne issues and accepted the negotiated deal | Denied — counsel advised Sexton within competent range; Sexton accepted plea knowing the terms |
Key Cases Cited
- Alleyne v. United States, 133 S.Ct. 2151 (2013) (mandatory-minimum facts must be found by a jury)
- Commonwealth v. Wolfe, 140 A.3d 651 (Pa. 2016) (invalidating certain mandatory-minimum sentencing provisions)
- Commonwealth v. Gautieri, 636 A.2d 1153 (Pa. Super. 1994) (upholding IDSI statute; focuses on involuntariness and protection of victims)
- Commonwealth v. Patterson, 143 A.3d 394 (Pa. Super. 2016) (counsel may be ineffective for failing to advise re: Alleyne applicability)
- Commonwealth v. Fears, 86 A.3d 795 (Pa. 2014) (standard of review for PCRA denials)