Commonwealth v. Barbaro
94 A.3d 389
| Pa. Super. Ct. | 2014Background
- Defendant John P. Barbaro pled guilty to third‑degree theft by deception and conspiracy to commit theft by deception; sentenced to 3–7 years imprisonment plus probation.
- At sentencing the court found Barbaro ineligible for RRRI (Recidivism Risk Reduction Incentive) because of prior New York convictions for arson in the third degree and attempted arson.
- Barbaro filed a post‑sentence motion arguing his New York arson conviction is a nonviolent offense and therefore should not bar RRRI eligibility; the trial court denied relief.
- The panel reviews de novo whether the New York arson statute is an “equivalent offense” to a Pennsylvania crime listed as a “personal injury crime” under the Crime Victims Act and thus disqualifies RRRI eligibility.
- The court applies the equivalency test used in Commonwealth v. Northrip / Shaw (compare elements, classification, culpability, and the subject matter protected) to determine if the NY offense matches 18 Pa.C.S. § 3301(c) (arson endangering property).
- The court concludes NY arson in the third degree is substantially equivalent to PA arson endangering property (§ 3301(c)(1)), and § 3301 is enumerated as a “personal injury crime” in 18 P.S. § 11.103; therefore Barbaro is not RRRI eligible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barbaro’s NY arson conviction bars RRRI eligibility | Barbaro: NY arson is non‑violent and should not disqualify RRRI; excluding him frustrates RRRI’s nonviolent reentry purpose | Commonwealth: A prior conviction for an equivalent out‑of‑state offense to a Pennsylvania “personal injury crime” (18 Pa.C.S. § 3301) disqualifies RRRI eligibility | Held: NY arson 3rd° is equivalent to PA § 3301(c)(1); § 3301 is listed in Crime Victims Act as a personal injury crime; Barbaro is ineligible for RRRI |
Key Cases Cited
- Commonwealth v. Northrip, 985 A.2d 734 (Pa. 2009) (adopts elements‑based equivalency test for comparing out‑of‑state offenses to Pennsylvania crimes)
- Commonwealth v. Shaw, 744 A.2d 739 (Pa. 2000) (formulates test for determining whether a foreign offense is equivalent to a Pennsylvania offense)
- Commonwealth v. Gonzalez, 10 A.3d 1260 (Pa.Super. 2010) (describes RRRI eligibility framework and statutory requirements)
- Commonwealth v. Ward, 856 A.2d 1278 (Pa.Super. 2004) (applies substantial equivalence standard to an out‑of‑state conviction)
- Commonwealth v. Jones, 929 A.2d 205 (Pa. 2007) (explains that guilty pleas waive nonjurisdictional claims except legality of sentence and voluntariness of plea)