Com. v. Sweeney, S.
1764 WDA 2015
| Pa. Super. Ct. | Oct 12, 2016Background
- Shawn Patrick Sweeney pled guilty on October 31, 2006 to third-degree murder for a 2005 shooting and accepted a negotiated sentence of 20–40 years. Sentencing occurred January 29, 2007. No direct appeal was filed.
- Sweeney filed a timely first PCRA petition in January 2008; it was denied and he did not appeal.
- On August 7, 2015, Sweeney filed a second PCRA petition arguing his sentence was illegal under Alleyne v. United States and claiming the after-discovered-facts exception to the PCRA one‑year time bar.
- The PCRA court issued Rule 907 notice and dismissed the petition on October 2, 2015 as untimely; Sweeney appealed pro se.
- The Superior Court affirmed, holding Alleyne does not make Sweeney’s claim timely because (1) his sentence was not imposed under a mandatory minimum statute and (2) Alleyne is not retroactively applicable on collateral review to judgments final before Alleyne.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness / one‑year PCRA time bar | Sweeney: Alleyne created an "after-discovered fact" and he filed within 60 days of discovering Alleyne/Hopkins | Commonwealth: Judicial decisions are not "after-discovered facts"; petition is untimely and no exception applies | Denied—petition untimely; after-discovered-facts exception inapplicable (Cintora cited) |
| Applicability of Alleyne to negotiated plea and non‑mandatory-minimum sentence | Sweeney: Alleyne renders his sentence illegal | Commonwealth: Sentence was a bargained 20–40 years, not imposed via a mandatory minimum statute that Alleyne targets | Denied—Alleyne-based relief inapplicable because sentence was not under a mandatory minimum statute |
| Retroactivity of Alleyne on collateral review | Sweeney: Alleyne should apply to his case on collateral review | Commonwealth: Alleyne is not retroactive to cases final before its decision | Denied—Alleyne not retroactive on collateral review (court relied on Pennsylvania precedent) |
| Vagueness of 18 Pa.C.S.§2502(c) (raised first on appeal) | Sweeney (on appeal): Third-degree murder statute is unconstitutionally vague | Commonwealth: Issue waived—was not raised below and could have been raised earlier | Waived—issue not preserved for appeal (Rule 302 / PCRA waiver rules) |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (holding facts that increase mandatory minimums are elements for jury to find)
- Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. 2014) (mandatory minimum sentencing provision found unconstitutional under Alleyne)
- Commonwealth v. Riggle, 119 A.3d 1058 (Pa. Super. 2015) (declining retroactive application of Alleyne on collateral review)
- Commonwealth v. Ruiz, 131 A.3d 54 (Pa. Super. 2015) (Alleyne applies where judgment was pending on direct review when Alleyne was decided)
- Commonwealth v. Cintora, 69 A.3d 759 (Pa. Super. 2013) (judicial decisions are not "after-discovered facts" under the PCRA)
- Commonwealth v. Bond, 819 A.2d 33 (Pa. 2002) (issues not raised below are waived on appeal)
- Commonwealth v. Johnson, 945 A.2d 185 (Pa. Super. 2008) (standard of review for PCRA dismissal and hearing denial)
- Commonwealth v. Taylor, 933 A.2d 1035 (Pa. Super. 2007) (PCRA review principles)
- Commonwealth v. Jones, 700 A.2d 423 (Pa. 1997) (prisoner mailbox rule for filing)