Com. v. Turner, S.
3046 EDA 2016
Pa. Super. Ct.Nov 15, 2017Background
- Shawn Turner pled guilty in six consolidated cases for multiple first‑degree robberies, related conspiracies, and weapons‑related misdemeanors committed in April–May 2014.
- He was 18 at the time of most offenses; some robberies occurred while he remained under juvenile supervision.
- Sentencing was deferred for a PSI and mental‑health evaluation; guidelines ranges per count were roughly 48–60 months (robbery) and 36–48 months (conspiracy).
- At sentencing Turner (then 20 and incarcerated two years) acknowledged responsibility, apologized, and urged mercy citing youth, drug dependency, education, and family support.
- The trial court emphasized the number and violent pattern of offenses, concluded Turner was not amenable to supervision, and imposed an aggregate sentence of 17½ to 35 years (consecutive and concurrent terms across dockets).
- Turner filed a post‑sentence motion and appealed, arguing the sentence was excessive and the court failed adequately to weigh mitigating factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Turner's aggregate sentence was manifestly excessive / an abuse of discretion | Turner: sentence inconsistent with protection of public, gravity of offenses, and rehabilitative needs; court failed to adequately consider youth, acceptance of responsibility, drug dependency, mental health, juvenile origin of prior record | Trial court/Commonwealth: court considered PSI, allocution, guidelines, and mitigating factors but found pattern of violent offenses, lack of amenability to supervision, and need to protect community warranted lengthy, partly consecutive sentences | Affirmed: no abuse of discretion; court considered statutory factors under 42 Pa.C.S. § 9721(b) and relied on PSI; sentence appropriate |
Key Cases Cited
- Commonwealth v. Hunter, 768 A.2d 1136 (Pa. Super. 2001) (discusses reviewability of discretionary sentencing claims)
- Commonwealth v. Evans, 901 A.2d 528 (Pa. Super. 2006) (defendant who pleads open guilty plea may challenge discretionary aspects of sentence)
- Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010) (what constitutes a substantial question for appellate review of sentencing)
- Commonwealth v. Riggs, 63 A.3d 780 (Pa. Super. 2012) (failure to consider sentencing criteria may present substantial question)
- Commonwealth v. Caldwell, 117 A.3d 763 (Pa. Super. 2015) (claims of inadequate consideration of mitigating factors often do not raise substantial question)
- Commonwealth v. Gonzalez, 109 A.3d 711 (Pa. Super. 2015) (standard of review for discretionary sentencing and abuse of discretion)
- Commonwealth v. Devers, 546 A.2d 12 (Pa. 1988) (PSI establishes trial court's awareness of defendant's background and mitigating factors)
- Commonwealth v. Fowler, 893 A.2d 758 (Pa. Super. 2005) (reliance on PSI supports presumption that court weighed mitigating factors)
