Com. v. Thomas, R.
75 EDA 2017
| Pa. Super. Ct. | Nov 28, 2017Background
- Ryan Thomas pled guilty (negotiated plea) to possession with intent to deliver, which carried a mandatory minimum under 18 Pa.C.S.A. § 7508.
- Alleyne v. United States was decided June 17, 2013 (holding any fact that increases mandatory minimum must be found by a jury beyond a reasonable doubt).
- Thomas was sentenced on October 9, 2013, to a mandatory minimum term of 60 to 120 months.
- Thomas did not file a direct appeal; his judgment of sentence became final on December 9, 2013.
- On October 20, 2014, Thomas filed a timely PCRA petition asserting an Alleyne-based illegality-of-sentence claim; PCRA counsel filed a Turner/Finley no-merit letter and withdrew.
- The PCRA court issued a Rule 907 notice and ultimately denied relief on December 12, 2016; the Commonwealth and PCRA court agreed on appeal that Alleyne applies and remand for resentencing is required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thomas can raise an Alleyne challenge in a timely first PCRA petition | Thomas: Alleyne applies because it was decided before his sentencing, so mandatory-minimum facts must be jury-found; sentence is illegal | Commonwealth/PCRA court: ultimately agreed with Thomas that Alleyne applies (initial dismissal but parties and PCRA court urged vacatur on appeal) | Court: Vacated judgment of sentence and remanded for resentencing under Alleyne |
| Whether an Alleyne claim is non-waivable and cognizable on PCRA when judgment was not final when Alleyne decided | Thomas: Alleyne claim is non-waivable and may be raised first in a timely PCRA petition if judgment not final when Alleyne announced | Commonwealth: conceded the same on appeal | Court: Agreed; Alleyne challenge implicates sentence legality and may be raised in timely PCRA |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (mandatory-minimum facts must be found by jury beyond reasonable doubt)
- Commonwealth v. Ali, 112 A.3d 1210 (Pa. Super. 2015) (sentence-legality review is de novo; Alleyne challenges implicate legality)
- Commonwealth v. Ruiz, 131 A.3d 54 (Pa. Super. 2015) (Alleyne claims are non-waivable and may be raised in a timely PCRA petition when judgment not final at Alleyne decision)
- Commonwealth v. Mosley, 114 A.3d 1072 (Pa. Super. 2015) (invalidating 18 Pa.C.S.A. § 7508 under Alleyne and requiring resentencing)