Com. v. Smith, R.
Com. v. Smith, R. No. 1045 EDA 2016
| Pa. Super. Ct. | Mar 9, 2017Background
- Reginald Smith pled guilty pursuant to a negotiated plea on May 31, 2013 to third-degree murder, carrying a firearm without a license, and possessing instruments of crime; aggregate sentence 25–50 years.
- Smith filed no post-sentence motions or direct appeal from his judgment of sentence.
- He filed a pro se PCRA petition (Apr. 28, 2014), amended it, and counsel was appointed; counsel sought to withdraw under Turner/Finley and submitted a supplemental no‑merit letter.
- The PCRA court denied relief without a hearing, granted counsel's withdrawal, and Smith timely appealed pro se.
- Smith’s claims: (1) his sentence is illegal because the criminal information violated Pa.R.Crim.P. 560 (now Rule 560) and thus the trial court lacked subject‑matter jurisdiction; (2) the information violated the specific/general rule by failing to specifically charge third‑degree murder.
- The Superior Court reviewed the PCRA court’s denial for legal error and record support and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the criminal information’s alleged deficiency deprived the trial court of jurisdiction / rendered the sentence illegal | Smith: information violated Pa.R.Crim.P. 560 and failed to specifically charge third‑degree murder, undermining notice and jurisdiction | Commonwealth/PCRA court: statute 42 Pa.C.S. § 9303 allows prosecution under overlapping statutes regardless of general/specific conflict; Smith’s claim lacks merit | Court held Smith’s jurisdictional challenge fails; specific/general rule does not bar prosecution where statutes overlap; PCRA denial affirmed |
Key Cases Cited
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedures for appointed counsel withdrawing in post‑conviction proceedings)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (no‑merit letter procedures for collateral counsel)
- Commonwealth v. Montalvo, 114 A.3d 401 (Pa. 2015) (standard of review for PCRA denials)
- Commonwealth v. Allen, 732 A.2d 582 (Pa. 1999) (PCRA eligibility requirements)
- Commonwealth v. Eisenberg, 98 A.3d 1268 (Pa. 2014) (claims waived after guilty plea except jurisdiction, plea validity, and sentence legality)
- Commonwealth v. Brown, 29 A.2d 793 (Pa. 1943) (policy regarding prosecutions under general vs. special statutory provisions)
- Commonwealth v. Leber, 802 A.2d 648 (Pa. Super. 2002) (application of the specific/general rule)