Commonwealth v. Bebout
186 A.3d 462
| Pa. Super. Ct. | 2018Background
- In 1981 Robert Bebout, age 15, raped, beat, strangled, and killed a 7‑year‑old; convicted of second‑degree murder in 1982 and originally sentenced to life without parole (LWOP).
- Bebout filed multiple collateral petitions over decades; after Montgomery v. Louisiana (2016) the Commonwealth conceded he was entitled to resentencing under Miller v. Alabama.
- At resentencing in May 2017 the court vacated LWOP and imposed 45 years to life (45‑life), with credit for time served; Bebout will first become parole‑eligible at age 60.
- Bebout appealed, arguing (1) the 45‑life minimum is a de facto LWOP (illegal under Miller/Montgomery) and (2) the court abused its discretion by overemphasizing the offense and not the mitigating evidence of youth and rehabilitation.
- The Superior Court reviewed sentencing legality and discretionary‑aspect claims, considered precedent (including Commonwealth v. Batts and Commonwealth v. Foust), and affirmed the 45‑life sentence.
Issues
| Issue | Bebout's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether 45‑life is a de facto LWOP that violates Miller/Montgomery | 45‑year minimum effectively denies a juvenile a meaningful opportunity for release (cites narrow life‑expectancy studies) | 45 years is not so long as to be virtually certain to exceed life; parole at 60 constitutes a meaningful opportunity | The sentence is not a de facto LWOP; Bebout failed to show the minimum is functionally equivalent to LWOP |
| Whether resentencing court abused discretion by giving insufficient weight to youth/rehabilitation | Court failed to focus on rehabilitation and mitigating factors of youth/upbringing and exemplary prison conduct | Court considered extensive mitigation (reports, testimony, letters, transcripts) and balanced it against the gravity of the offense | No abuse of discretion; record shows the court considered mitigating evidence and reasonably fashioned 45‑life |
Key Cases Cited
- Bebout v. Commonwealth, 484 A.2d 130 (Pa. Super. 1984) (affirming original conviction)
- Batts v. Commonwealth, 163 A.3d 410 (Pa. 2017) (discussing Miller‑related principles for juvenile homicide sentencing)
- McCullough v. State, 168 A.3d 1045 (Md. Spec. App. 2017) (analysis cited re: treatment of consecutive/aggregate term‑of‑years sentences)
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for juveniles barred absent individualized consideration)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller announced a substantive rule that applies retroactively)
- Graham v. Florida, 560 U.S. 48 (2010) (Eighth Amendment bars LWOP for juvenile non‑homicide offenders; meaningful opportunity to obtain release standard)