Com. v. Wallick, J.
1761 MDA 2016
| Pa. Super. Ct. | Nov 1, 2017Background
- In 2010, then-15-year-old Jordan Wallick shot and killed James Wallmuth during a robbery; convicted in 2012 of second-degree murder, robbery, and conspiracy.
- Trial court initially imposed mandatory life without parole (LWOP) for second-degree murder under the sentencing law in effect at conviction.
- This court reversed and remanded for resentencing following Miller v. Alabama (holding mandatory LWOP for juveniles unconstitutional). Pennsylvania Supreme Court denied allowance of appeal.
- After an evidentiary resentencing hearing in August 2016, the trial court imposed 30 years to life for second-degree murder (concurrent sentences for other counts).
- Wallick appealed, arguing the sentence was both illegal (no statutory sentencing scheme for juvenile second-degree murder pre-6/25/2012) and an abuse of sentencing discretion; trial court had considered Miller factors and referenced 18 Pa.C.S. § 1102.1 guidance.
Issues
| Issue | Plaintiff's Argument (Wallick) | Defendant's Argument (Commonwealth/Trial Ct.) | Held |
|---|---|---|---|
| Legality of sentence | No valid statutory sentence exists for juvenile second-degree murder convicted before 6/25/2012; must be sentenced under third-degree murder range (20–40 years) | Under Batts decisions, for convictions before 6/25/2012 the court may impose life with parole possibility; a minimum-term-of-years plus life maximum is lawful | Court held 30 years to life is legal (Melvin and Batts precedent govern) |
| Discretionary-abuse challenge to 30-year minimum | 30-year minimum is excessive for juvenile; court should have imposed lower term (Wallick sought max 40, min ~20) | Trial court properly weighed Miller/Knox factors, victim/family impact, and was guided by §1102.1 in setting minimum | No abuse of discretion; sentencing court sufficiently considered Miller factors and §1102.1 guidance |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for offenders under 18 violates Eighth Amendment)
- Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013) (Batts I) (trial courts retain discretion for juveniles convicted pre-enactment; directives on considering youth-related factors)
- Commonwealth v. Batts, 163 A.3d 410 (Pa. 2017) (Batts II) (clarifies sentencing guidance for juveniles and that courts should be guided by §1102.1 in setting minimum terms)
- Commonwealth v. Knox, 50 A.3d 732 (Pa. Super. 2012) (lists youth-related factors relevant to juvenile sentencing)
- Commonwealth v. Brown, 159 A.3d 531 (Pa. Super. 2017) (standards for de novo review of sentence legality)