Commonwealth, Aplt v. Kingston, S.
2016 Pa. LEXIS 1765
| Pa. | 2016Background
- Kingston sent three separate letters from jail asking his then-girlfriend (Mroz) to lie about who was driving after a DUI crash; she testified against him at preliminary hearing.
- Kingston was acquitted at trial after his father falsely testified he was driving; afterward Mroz revealed the letters to police.
- Commonwealth charged Kingston with multiple counts: three counts of soliciting perjury and three counts of soliciting to hinder prosecution; jury convicted on all six and the trial court imposed consecutive sentences on each count.
- Kingston filed a timely PCRA petition claiming counsel was ineffective for not objecting to consecutive sentences, arguing 18 Pa.C.S. § 906 barred multiple inchoate convictions (merger into one solicitation per underlying crime).
- The Superior Court (divided) found Kingston’s claim had arguable merit and remanded for an ineffectiveness hearing; the Supreme Court granted review.
- The Supreme Court reversed the Superior Court, holding § 906 bars convictions only for multiple distinct inchoate crimes (e.g., attempt + solicitation + conspiracy), not multiple counts of the same inchoate offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 18 Pa.C.S. § 906 prohibits convictions for multiple counts of the same inchoate offense when they are designed to culminate in the same underlying crime | Kingston: § 906 requires merger of multiple solicitation counts into one (policy against cumulating inchoate liability) | Commonwealth: § 906 prevents convictions for more than one distinct inchoate crime (attempt, solicitation, conspiracy), not multiple counts of the same inchoate crime | Court held § 906 bars convictions only for more than one distinct inchoate crime, not multiple counts of the same inchoate offense |
Key Cases Cited
- Commonwealth v. Crocker, 389 A.2d 601 (Pa. Super. 1978) (discusses policy against cumulating inchoate convictions)
- Commonwealth v. Grekis, 601 A.2d 1284 (Pa. Super. 1992) (rejecting merger where solicitations were for distinct crimes)
- Snead v. Soc. for the Prevention of Cruelty to Animals of Penna., 985 A.2d 909 (Pa. 2009) (standard of review: de novo statutory interpretation)
- Commonwealth v. Lobiondo, 462 A.2d 662 (Pa. 1983) (Crimes Code sections should be read as an entirety)
- Commonwealth v. Hacker, 15 A.3d 333 (Pa. 2011) (purpose of solicitation statute: hold accountable those who request others commit crimes)
- Commonwealth v. Jacobs, 39 A.3d 977 (Pa. 2012) (treating § 906 as proscribing multiple judgments of sentence for preparatory conduct)