Com. v. Woods, G.
639 EDA 2016
| Pa. Super. Ct. | Dec 29, 2017Background
- Gregory Woods pleaded guilty in 2006 to burglary and received concurrent sentences of 11½–23 months’ incarceration followed by four years’ probation on multiple linked cases.
- While on probation he was later arrested on new burglary and related charges; he absconded before sentencing in that case and was sentenced in absentia in June 2012.
- He was arrested again in 2013; a Gagnon I preliminary revocation hearing occurred on June 7, 2013 and a Gagnon II revocation/sentencing hearing occurred June 28, 2013.
- At the June 28, 2013 VOP hearing the court revoked probation and resentenced Woods to an additional 5–10 years concurrent on each Overton case to run consecutive to the June 1, 2012 sentence.
- Woods appealed, raising four contentions: lack of written notice of violations, lack of notice of the revocation hearing, no Gagnon I hearing, and sentencing without a presentence investigation (PSI); the trial court and Superior Court rejected these claims.
Issues
| Issue | Plaintiff's Argument (Woods) | Defendant's Argument (Commonwealth/Trial Court) | Held |
|---|---|---|---|
| Whether the court had to place reasons on the record for not ordering a PSI under Pa.R.Crim.P. 702 | Woods argued the court erred by sentencing without a PSI and must state on the record why it did not order one | Court argued ordering a PSI is discretionary; judge had adequate information from the record and in-court presentations to make an informed decision | Held: No error — PSI discretionary; court had sufficient information and need not order or explain denial of PSI |
| Whether Woods received written notice of alleged probation violations | Woods claimed he did not receive written notice of violations | Record and Order of Sentence contained written notice of the violations; Woods’ claim unsupported | Held: Trial court provided written notice in the Order of Sentence; claim denied |
| Whether Woods was served with notice of the revocation hearing | Woods claimed he was not served notice of the Gagnon II hearing | Docket and a June 7, 2013 notice show Woods was given written notice but refused to sign; docket reflects service | Held: Notice was served; claim denied |
| Whether a Gagnon I preliminary hearing occurred | Woods claimed no Gagnon I was held | Docket and transcripts show a Gagnon I occurred June 7, 2013 before Trial Commissioner McSorley with Woods present | Held: Gagnon I was held; claim denied |
Key Cases Cited
- Commonwealth v. Flowers, 950 A.2d 330 (Pa. Super. 2008) (failure to order PSI raises discretionary sentencing issue)
- Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010) (four‑part test for reviewing discretionary aspects of sentencing)
- Commonwealth v. Yanoff, 690 A.2d 260 (Pa. Super. 1997) (appellate brief alleging discretionary sentencing error treated as petition for allowance of appeal)
- Commonwealth v. Stratton, 344 A.2d 636 (Pa. Super. 1975) (due process requires written notice of alleged probation violations at revocation)
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973) (two‑step revocation procedure: preliminary and final revocation hearings)
- Commonwealth v. Ziegler, 286 A.2d 26 (Pa. Super. 1971) (reversal where record silent on whether written notice of revocation hearing was given)
- Commonwealth v. Davis, 336 A.2d 616 (Pa. Super. 1975) (describes Gagnon I and Gagnon II nomenclature)
- Commonwealth v. Ferguson, 761 A.2d 61 (Pa. Super. 2000) (Gagnon I requires notice, opportunity to appear, conditional confrontation, independent decisionmaker)
- Commonwealth v. Carrillo‑Diaz, 64 A.3d 722 (Pa. Super. 2013) (sentencing judge has discretion whether to order a presentence investigation in revocation matters)