Com. v. Shine, B.
2566 EDA 2015
| Pa. Super. Ct. | Oct 18, 2016Background
- Bryan J. Shine pled guilty to DUI (highest rate), driving while privilege suspended, and fleeing/eluding; sentenced to an aggregate 1½ to 5 years on July 20, 2015.
- Shine filed a timely appeal; appellate counsel changed twice and the Rule 1925(b) statement was not timely filed by appointed counsel(s).
- Trial court issued a Rule 1925(a) opinion finding issues waived but asked for remand because appellate counsel was in a procedural bind; the Superior Court declined to remand.
- Appellate counsel (Cullen) filed an Anders brief and petition to withdraw, concluding Shine’s appellate claims were frivolous; counsel complied with Anders/Santiago technical requirements and notified Shine of his rights.
- Shine raised seven issues on appeal (mostly alleging ineffective assistance of counsel, sentencing legality under DUI enhancement/look‑back, jurisdiction, and credit for inpatient treatment time); the Superior Court reviewed the record independently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Ineffective assistance of plea counsel (competence) | Shine contends counsel was constitutionally ineffective and denied competent representation | Commonwealth: ineffectiveness claims should be deferred to PCRA unless meritorious and apparent on the record | Denied on direct appeal as frivolous; claims must be raised on collateral review per Holmes/Grant absent exceptional circumstances |
| 2. Specific ineffectiveness allegations (discovery, Rule 600, waiver, etc.) | Counsel failed to share discovery, violated Rule 600 rights, signed waiver without permission, refused inpatient records and to discuss case | Same procedural defense; no record showing claim meritorious and apparent | Frivolous on direct appeal; defer to PCRA |
| 3. Failure to withdraw guilty plea/seek trial | Prior counsel did not pursue withdrawal of plea or trial | No record basis to address on direct appeal | Frivolous here; defer to collateral review |
| 4. Sentencing classification (second vs. third DUI) | Shine argues sentence illegal because offense was second DUI (max 90 days) not third (1-year mandatory) | Commonwealth: prior DUIs in 2003 and 2011 fall within 10-year look‑back; current offense in 2013 makes it third offense | Court held sentencing as third offense and imposition of one‑year mandatory minimum lawful |
| 5. Constitutionality of 75 Pa.C.S. § 3806(b) (look‑back) | Shine asserts ex post facto violation facially and as applied because one prior was 2003 | Commonwealth: 10‑year look‑back upheld by precedent; amendment does not retroactively punish earlier conviction | Facially and as applied claim frivolous; look‑back period constitutional and properly applied |
| 6. Jurisdiction of Montgomery County | Shine contends trial court lacked jurisdiction | Commonwealth: offenses occurred in Montgomery County; court of common pleas has territorial jurisdiction | Frivolous; venue/jurisdiction proper |
| 7. Credit for inpatient treatment time (May 15–July 23, 2013) | Shine claims entitlement to 77 days’ credit for inpatient treatment time | Commonwealth: whether credit allowed depends on voluntariness; record shows voluntary commitment and Shine did not file post‑sentence motion | Claim implicates discretionary sentencing and was waived for failure to file post‑sentence motion; appeal frivolous |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural framework for counsel seeking withdrawal on direct appeal)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Pennsylvania standards for Anders brief content)
- Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013) (ineffective assistance claims ordinarily deferred to PCRA)
- Commonwealth v. Cook, 941 A.2d 7 (Pa. Super. 2007) (ten‑year DUI look‑back does not violate ex post facto)
- Commonwealth v. Toland, 995 A.2d 1242 (Pa. Super. 2010) (credit for inpatient rehab depends on voluntariness)