Commonwealth, Aplt. v. Stotelmyer, D.
110 A.3d 146
| Pa. | 2015Background
- Polic e seized over 2 pounds of marijuana from appellee's residence under a search warrant; appellee charged with PWID and drug paraphernalia, pled guilty to PWID, other charge nolle prossed.
- Commonwealth notified intent to seek application of the mandatory minimum sentence of 1 year under 18 Pa.C.S. § 7508(a)(1)(f).
- Trial court found by a preponderance that appellee possessed over two pounds with intent to distribute, and sentenced to county intermediate punishment (six months work release, six months electronic monitoring).
- Superior Court affirmed, applying §9721(a.1) and §9763 to conclude appellee was an eligible offender under §9802 and thus could receive county intermediate punishment despite the minimum.
- Court granted review to decide whether §9721(a.1) authorizes county intermediate punishment when §7508 mandatorily requires a minimum sentence; majority held it does not, reversing the Superior Court.
- This leads to resentencing requiring imposition of the mandatory minimum rather than a county intermediate punishment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §9721(a.1) authorizes county intermediate punishment when §7508 mandates a minimum sentence. | Commonwealth argues §9763 authorizes county intermediate punishment even with §7508 minimum. | Stotelmyer contends §9802 defines eligible offenders and §7508's minimum cannot be displaced; §9721(a.1) does not authorize deviation absent §9763. | No; §9721(a.1) does not authorize county intermediate punishment here; §7508's minimum is mandatory and §9763 does not authorize deviation. |
Key Cases Cited
- Commonwealth v. Williams, 941 A.2d 14 (Pa.Super. 2008) (DUI recidivist allowed county intermediate punishment with eligibility requirements.)
- Commonwealth v. Mazzetti, 615 Pa. 555, 44 A.3d 58 (Pa. 2012) (Waiver of school zone mandatory minimum at original sentencing cannot be used to impose it later.)
- Commonwealth v. Hansley, 616 Pa. 367, 47 A.3d 1180 (Pa. 2012) (RRRI Act impact on mandatory minimum sentences; not directly controlling here.)
- Commonwealth v. Stotelmyer, 621 Pa. 190, 76 A.3d 536 (Pa. 2013) (Question of eligibility under §9802 and §9721(a.1) after §7508; relied on in majority.)