Com. v. Woodall, T.
Com. v. Woodall, T. No. 1566 EDA 2016
| Pa. Super. Ct. | Mar 29, 2017Background
- Theodore Woodall was convicted in 2004 of two counts of aggravated assault, carrying a firearm, and possession of instruments of crime for shooting at Philadelphia police officers.
- At sentencing on November 22, 2004, the trial court applied Pennsylvania’s mandatory minimum firearms statute, 42 Pa.C.S. § 9712, and referenced a five-year mandatory minimum for offenses committed with a firearm.
- Woodall’s direct appeal rights were later reinstated nunc pro tunc; this Court affirmed his convictions in 2014 and the Pennsylvania Supreme Court denied allowance of appeal.
- Woodall filed a timely first PCRA petition in February 2015 claiming his sentence was illegal under Alleyne v. United States, which held facts increasing mandatory minimums must be found by a jury.
- The Commonwealth conceded the sentence was illegal under Alleyne; the PCRA court dismissed the petition, and Woodall appealed.
- The Superior Court vacated the PCRA order and Woodall’s judgment of sentence and remanded for resentencing without consideration of § 9712, concluding Alleyne applies and rendered § 9712 unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Woodall’s sentence is illegal because it relied on the mandatory minimum in 42 Pa.C.S. § 9712 | Woodall: Sentence was imposed under § 9712, which is unconstitutional under Alleyne, so sentence is illegal and relief is required | Commonwealth: Concedes the sentence is illegal under Alleyne and Woodall is entitled to relief | Court: Vacated judgment of sentence and remanded for resentencing without § 9712 |
| Whether Alleyne applies retroactively to Woodall’s case | Woodall: Judgment of sentence was not final when Alleyne was decided, so Alleyne applies on collateral review | Commonwealth: (conceded Alleyne applies) | Court: Alleyne applies retroactively where judgment was not final; relief available on timely PCRA petition |
Key Cases Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (facts increasing penalty beyond statutory maximum must be submitted to a jury)
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013) (Apprendi rule extended to mandatory minimums; facts that increase mandatory minimums must be found by a jury)
- Commonwealth v. Valentine, 101 A.3d 801 (Pa. Super. 2014) (Alleyne renders § 9712 unconstitutional)
- Commonwealth v. Ruiz, 131 A.3d 54 (Pa. Super. 2015) (Alleyne claim is non-waivable and may be raised in a timely PCRA petition; Alleyne may be applied retroactively if judgment was not final)
- Commonwealth v. Ali, 112 A.3d 1210 (Pa. Super. 2015) (Alleyne challenges implicate legality of sentence; review is de novo)
- Commonwealth v. Fears, 86 A.3d 795 (Pa. 2014) (standard of review for PCRA denials)